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Alagu vs Bhagavathyammal
2022 Latest Caselaw 1831 Mad

Citation : 2022 Latest Caselaw 1831 Mad
Judgement Date : 4 February, 2022

Madras High Court
Alagu vs Bhagavathyammal on 4 February, 2022
                                                                            S.A(MD)No.55 of 2017


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 04.02.2022

                                                     CORAM

                          THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                             S.A(MD)No.55 of 2017
                                                    and
                                           C.M.P(MD)No.1158 of 2017


                       1.Alagu

                       2.Uma                         ... Appellants/Appellants/Defendants

                                                     Vs.

                       Bhagavathyammal               ... Respondents/Respondents/Plaintiff


                       Prayer : Second Appeal fil-0ed under Section 100 of the Code of Civil
                       Procedure against the judgment and decree, dated 22.03.2016 passed in
                       A.S.No.21 of 2014, on the file of the Principal District Court,
                       Dindigul, confirming the judgment and decree, dated 01.12.2014
                       passed in O.S.No.70 of 2005 on the file of the Additional Subordinate
                       Court, Dindigul.


                                   For Appellants          : Mr.A.Hariharan

                                   For Respondent          : Mr.N.Sathishbabu


                       1/25
https://www.mhc.tn.gov.in/judis
                                                                               S.A(MD)No.55 of 2017


                                                      JUDGMENT

This Second Appeal is directed against the concurrent

Judgments and decrees, passed in O.S.No.70 of 2005 by the learned

Additional Subordinate Judge, Dindigul and in A.S.No.21 of 2014,

passed by the learned Principal District Judge, Dindigul.

2. For the sake of convenience, the parties are referred to

herein, as per their own ranking as before the Trial Court.

3.The case of the plaintiff, as per the averments made in

the plaint, in short, is as follows :

The defendants borrowed a sum of Rs.2,00,000/- (Rupees

Two Lakh only) from the plaintiff and agreed to pay the same with the

interest at the rate of 1% per month and executed a pronote in favour

of the plaintiff with a promise to repay the same to the plaintiff on his

demand. The defendants failed to pay either the principal or the

interest, despite repeated requests and demands made by the plaintiff.

Therefore, the plaintiff had issued notice to the defendants on

https://www.mhc.tn.gov.in/judis S.A(MD)No.55 of 2017

16.02.2005 calling upon them to pay the same and the same was

received by the defendants on 19.02.2005 and the defendants sent their

reply on 28.02.2005 with false allegations. Hence the suit.

4.The second defendant adopted the written statement

filed by the first defendant contending inter alia that he denied the

borrowal of the amount and the execution of pronote. The defendants

issued reply on 28.02.2005 about the real facts. The plaintiff do not

have means to lend money. The plaintiff is a binami of her husband.

The plaintiff is doing money lending business for the past 25 years.

The defendants agreed that they had various money transactions with

the plaintiff. In the year 1993, the first defendant borrowed a sum of

Rs.60,000/- (Rupees Sixty Thousand only) from the plaintiff with

interest at the rate of 3% per annum and executed two pronotes and

then he paid the interest of Rs.21,600/- (Rupees Twenty One Thousand

and Six Hundred only) and he further paid a sum of Rs.28,800/-

(Rupees Twenty Eight Thousand and Eight Hundred only) towards

principal and interest from the year 1994. No receipt has been issued

to that effect. Again, he borrowed a sum of Rs.2,00,000/- (Rupees Two

https://www.mhc.tn.gov.in/judis S.A(MD)No.55 of 2017

Lakh only) on 13.09.1996 and executed two pronotes each to the tune

of Rs.2,00,000/- (Rupees Two Lakh only). The first defendant paid

interest upto 1999. No receipt has been issued by them to that effect.

Thereafter, the first defendant settled the entire loan amount and

received the pronotes from the plaintiff. Again on 25.10.1999, the first

defendant borrowed a sum of Rs.1,00,000/- (Rupees One Lakh only)

from the plaintiff and executed two pronotes each worth about

Rs.2,00,000/- (Rupees Two Lakh only). Thereafter, he settled the

entire loan amount and received the pronotes from the plaintiff.

5. Further, in the year 2000, the first defendant approached

the plaintiff and borrowed a sum of Rs.1,00,000/- (Rupees One Lakh

only). The plaintiff obtained signature of the first defendant in four

bond sheets separately, as if he had borrowed a sum of Rs.1,20,000/-

(Rupees One Lakh and Twenty Thousand only) from his wife on

07.09.2003 and another pronote was created in the name of his son-in-

law, Venkatraman, as if he had received a sum of Rs.1,20,000/-

(Rupees One Lakh and Twenty Thousand only) from him and also

another pronote obtained in the name of the plaintiff on 10.09.2003 for

https://www.mhc.tn.gov.in/judis S.A(MD)No.55 of 2017

Rs.2,00,000/- (Rupees Two Lakh only). When the same was

questioned, the plaintiff has replied that after settling the money, he

will return the same. On 20.06.2003, the first defendant repaid a sum

of Rs.50,000/- (Rupees Fifty Thousand only) to the plaintiff, but the

plaintiff refused to issue any receipt. Therefore, the first defendant had

lodged a complaint before the Superintendent of Police, Dindigul

against the plaintiff, his wife and son-in-law and after that, the plaintiff

tried to assault the first defendant and hence, another complaint was

given, for which, a complaint receipt was issued as Receipt

No.334/2004. In the enquiry, the plaintiff appeared and falsely stated

in the written statement that the first defendant has to pay a sum of

Rs.6,40,000/- (Rupees Six Lakh and Fourty Thousand only). The

defendant has paid a sum of Rs.5,35,200/- (Rupees Five Lakh Thirty

Five Thousand and Two Hundred only) from the year 1993 to 2003.

6. As per Section 8 of Money Lending Act, if any excess

amount is paid, it should be adjusted in the principal. The plaintiff has

to adjust the excess amount paid by the first defendant in the principal

amount. After adjustment, the first defendant requested the plaintiff to

https://www.mhc.tn.gov.in/judis S.A(MD)No.55 of 2017

return the pronotes obtained from him. The defendants filed a suit

before the District Munsif Court, Nilakkottai against the plaintiff under

the Money Lending Act. The plaintiff had filed a suit against the first

defendant before the Principal Subordinate Court, Dindigul, stating

that the first defendant borrowed a sum of Rs.1,20,000/- (Rupees One

Lakh Twenty Thousand only) and executed a pronote. The husband of

the plaintiff had filed a suit in O.S.No.333 of 2004 before the Principal

Subordinate Court, Dindigul, stating that the defendants have to pay a

sum of Rs.2,00,000/- (Rupees Two Lakh only) which was borrowed on

06.09.2002. In that suit also, he has not mentioned about the present

case. In the suits already filed in O.S.No.333 of 2004 and O.S.No.70

of 2004, it was contended that the defendants borrowed a sum of

Rs.2,00,000/- (Rupees Two Lakh only) in each suit from the plaintiff

and her husband. The son-in-law of the plaintiff, Venkatraman filed

another suit before the Additional Subordinate Court, Dindigul in

O.S.No.298 of 2004. In O.S.No.335 of 2004, it is stated that the

pronote amount is Rs.1,20,000/- (Rupees One Lakh and Twenty

Thousand only) and in the suit in O.S.No.298 of 2004 it is stated that

the pronote amount is Rs.1,20,000/- (Rupees One Lakh and Twenty

https://www.mhc.tn.gov.in/judis S.A(MD)No.55 of 2017

Thousand only). The son-in-law and wife of the plaintiff are necessary

parties to the suit. They are not added as parties to the suit. Therefore,

the suit is bad for non-joinder of necessary parties. The defendants has

not owe any amount to the plaintiff. The pronotes are fabricated one

and the same is barred by limitation. The defendants not received any

money from the plaintiff and hence, the suit has to be dismissed with

costs.

7. Before the trial Court, on the side of the plaintiff, the

plaintiff examined herself as P.W.1 and one attested witness,

Chinnadurai and scribe Vanjimuthu were examined as P.W.2 and P.W.3

and Exs.A1 to A5 were marked. On the side of the defendants, the first

defendant examined himself as D.W.1 and one Palanichamy examined

as D.W.2 and Exs.B.1 to B.8 were marked.

8. On the basis of the rival pleadings on either side, the

trial Court, after framing necessary issues and after evaluating both the

oral and documentary evidence, has decreed the suit in favour of the

plaintiff and directed the defendants to pay a sum of Rs.2,61,000/-

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(Rupees Two Lakh and Sixty One Thousand only) with 6% per annum

from the date of plaint till the date of realization for the principal

amount of Rs.2,00,000/- (Rupees Two Lakh only).

9. Aggrieved by the Judgment and decree passed by the

trial Court, the defendants, as appellants, had filed an Appeal Suit in

A.S.No.21 of 2014, on the file of the learned Principal District Court,

Dindigul. The first appellate Court, after hearing both sides and upon

reappraising the evidence available on record, had dismissed the

appeal and confirmed the Judgment and decree passed by the trial

Court. Challenging the said concurrent Judgments and decrees passed

by the Courts below, the present Second Appeal has been preferred at

the instance of the defendants, as appellants.

10.The learned counsel appearing for the appellants /

defendants would submit that the Courts below have failed to

appreciate that when the first defendant Alagu approached Kamatchi

Gowder, husband of the plaintiff for a loan of Rs.1,00,000/- (Rupees

One Lakh only) in the year 2000, he obtained signatures in four

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stamped concur papers and also obtained the signature of the second

second defendant in two concur papers and by utilising the same, four

promissory notes have been fabricated by the said Kamatchi Gowder,

with the help of P.W.2 and P.W.3; that the plaintiff has not proved

through acceptable legal evidence both oral and documentary to prove

that on 06.09.2002, the defendants borrowed a sum of Rs.2,00,000/-

(Rupees Two Lakh only) and executed Ex.A.1 pronote; that the

defendants have to prove the same by adducing rebuttal evidence that

four fabricated pronotes have been used for the purpose of filing four

suits namely, O.S.Nos.334, 335, 298 of 2004 and 70 of 2005; that the

suit in O.S. No.335 of 2004 filed by one Bagavathi was dismissed by

the Principal Subordinate Judge, Dindigul, holding that the suit

pronote in O.S.No.335 of 2004 was fabricated; when the defendants

have questioned the means of the plaintiff to lend money, she has not

adduced any documentary evidence to show her affluent position to

lend Rs.2,00,000/- (Rupees Two Lakh only) to the defendants. The

Courts below have failed to follow the settled legal principles of Law

as enunciated by the Hon'ble Apex Court as well as the High Court that

it is the duty of the plaintiff to establish his case on the basis of

https://www.mhc.tn.gov.in/judis S.A(MD)No.55 of 2017

acceptable legal evidence, both oral and documentary and that the

plaintiff cannot be allowed to pickup holes in the case of the

defendants and hence, prayed to allow the Second Appeal.

11.The learned counsel appearing for the respondent/

plaintiff would vehemently oppose the Second Appeal by contending

that the well considered Judgments of the Courts below need not be

interfered with, as there is no question of law involved in this Second

Appeal and prayed for dismissal of the Second Appeal.

12.This Court paid its anxious consideration to the rival

submissions made and also carefully perused the materials placed on

record.

13. According to the plaintiff, the defendants borrowed a

sum of Rs.2,00,000/- (Rupees Two Lakh only) from the plaintiff and

agreed to repay the same with the interest at the rate of 1% per month

and executed a pronote to that effect. The defendants failed to pay

either the principal or the interest, despite repeated requests.

https://www.mhc.tn.gov.in/judis S.A(MD)No.55 of 2017

Therefore, the plaintiff had issued notice to the defendants on

16.02.2005 calling upon them to pay the same and the same was

received by the defendants on 19.02.2005 and the defendants sent their

reply on 28.02.2005 refusing the allegations.

14.According to the defendants, they denied the borrowal

of the amount and the execution of pronote. The plaintiff do not have

no means to lend money. The plaintiff is a binami of her husband.

The first defendant borrowed Rs.60,000/- (Rupees Sixty Thousand

only) in the year 1993, from the plaintiff with interest at the rate of 3%

per annum and executed two pronotes and the first defendant returned

the amount with interest. Subsequently, there were money transactions

between the plaintiff and the defendants. Though the defendants paid

the amount with interest, no receipt has been issued to them to that

effect. Therefore, the first defendant had lodged a complaint before

the Superintendent of Police, Dindigul against the plaintiff, his wife

and son-in-law and after that, the plaintiff tried to assault the first

defendant and hence, another complaint was given, for which, a

complaint receipt was issued as Receipt No.334/2004. In the enquiry,

https://www.mhc.tn.gov.in/judis S.A(MD)No.55 of 2017

the plaintiff appeared and falsely stated in the written statement that

the first defendant has to pay a sum of Rs.6,40,000/- (Rupees Six Lakh

Fourty Thousand only). The defendant has paid a sum of Rs.5,35,200/-

(Rupees Five Lakh Thirty Five Thousand and Two Hundred only) from

the year 1993 to 2003.

15. Ex.A1 is the pronote, dated 07.09.2003, executed by

the 1st defendant to the plaintiff. Perusal of Ex.A1 would show that a

one rupee Revenue Stamp was pasted on the pronote and it was signed

as witnesss by D.W.1 and D.W.2. P.W.3 is the scribe of the pronote

and he was examined as witness on the side of the plaintiff, who

deposed that he wrote the pronote . D.W.2 in his cross-examination

deposed that the second signature contained in the pronote is of him.

One Rajavel, who signed (first signature) in the pronote, died, which

was deposed by P.W.3. Therefore, the genuinity of the pronote has

been proved by the plaintiff by examining P.W.1, P.W.2 and P.W.3.

But, however, the defendants contended that the pronote is a created

one, which cannot be countenanced without adducing any evidence.

Further, D.W.2 examined on the side of the defendants in his

https://www.mhc.tn.gov.in/judis S.A(MD)No.55 of 2017

examination deposed as follows:-

                                        “vdf;F       ePjpkd;wj;jpy;     ,Ue;J
                                  miHg;ghiz vJt[k; tutpy;iy.             vdf;F
                                  thjpapd; fzth; fhkhl;rp brhy;ypjhd; ehd;

jw;nghJ rhl;rp brhy;y te;njd;. ePjpkd;wj;jpw;F te;J jhd; ehd; mHFtpd; tHf;fwpQiu bjhpe;J bfhz;nld;. mHF miHj;jjpd; nghpy; ele;jij brhy;y rhl;rpak; mspf;f te;Js;nsd;."

Further, the first defendant/D.W.2 examined on the side of the

defendants in his examination deposed as follows:-

"th.rh.M.1 Mtzj;jpy; cs;s ifbaGj;J vd;DilaJjhd;> mij vGjg;glhj jhspy;

                                  nghl;nld;.    2tJ    ifbaGj;J vdJ
                                  kidtpa[ilaJ jhd;." vdt[k>;
                                  "ehd;      mDg;gpa      gjpy;      mwptpg;ngh>

vjph;tHf;Fiuapnyh thjpapd; fzth; fhkhl;rpapd; gpdhkp jhd; thjp vd;W brhy;ytpy;iy vd;why; rhpjhd;. epU:gz thf;FK:yj;jpy; brhy;ypa[s;nsd;. fhkhl;rp> fe;J tl;o bjhHpy; bra;J tUfpwhh; vd;gijf; fhl;l Mjhuk; vJt[k; jhf;fy; bra;atpy;iy." vdt[k>;

"thjpapd; kfs; rpj;uhtpd; jpUkzj;jpd;nghJ ehd; U:.50>000/- brYj;jpajw;F ,urPJ jhf;fy; bra;Js;nsdh vd;why; ,y;iy. xU thuj;jpy;

https://www.mhc.tn.gov.in/judis S.A(MD)No.55 of 2017

jUtjhf brhd;dhh;fs;. Mdhy; jutpy;iy.

ehd;> vdJ ikj;Jdh; rtlKj;J> rpd;dhsg;gl;o ma;ag;gd;> uFehj;> brl;oagl;o gt[y;uh$;

Mfpnahiu itj;J mry; bjhiff;F brYj;jpa tl;of;F ,urPJ bfhLf;Fk; ve;j njjpapy;> vq;F itj;J ngrg;gl;lJ vd;W epU:gz thf;FK:yj;jpy; brhy;ytpy;iy vd;why; rhpjhd;." vdt[k>;

"ehd; U:.5>35>200/-I ehd; fhkhl;rpf;F brYj;jpapUg;gjw;F ,urPJ jhf;fy; bra;atpy;iy vd;why; rhpjhd;." vdt[k>;

"ehd; fhkhl;rpia jug;gpduhd nrh;g;gjw;F ehd; rl;l uPjpahd eltof;if vJt[k; vLf;ftpy;iy vdt[k; Fwpg;gpl;L rhl;rpak; mzpj;Js;shh;.”

Therefore, this Court comes to a categorical conclusion that the suit

pronote is proved beyond any manner of doubt.

16. It is the case of the defendants that at the time of

borrowal of Rs.1,00,000/- (Rupees One Lakh only), the husband of the

plaintiff obtained pronote in the name of plaintiff and his son-in-law.

The defendants relied upon Ex.B6, which is the xerox copy of

statement alleged to have been executed by the husband of the plaintiff

before the Police by stating that the defendants executed four pronotes

https://www.mhc.tn.gov.in/judis S.A(MD)No.55 of 2017

in his favour and he had already filed a suit in the Court and he will get

relief from the Court. Perusal of Ex.B6 would show that it is not a

certified copy. Further, the defendants failed to summon the concerned

police to prove the genuineness of the same and not filed any copy of

the complaint receipt etc. It was executed only by the husband of the

plaintiff and there is no connection to the plaintiff. The statement

given to the police is not admissible in evidence. The suit was filed as

early as on 30.03.2005. If really the defendants are an affected parties,

they would have approached the police after receipt of the notice sent

by the plaintiff under Ex.A1, which was sent on 16.02.2005. However,

the defendants simply kept quite without lodging any complaint till the

filing of the suit.

17. It was contended by the plaintiff that the defendants

received Rs.6,40,000/- (Rupees Six Lakh and Fourty Thousand only)

from the plaintiff on different dates and the same have not been

returned to the plaintiff and in this regard there were three suits filed

and some ended in favour of the defendants. If it is so, the defendants

ought to have produced the pronote, which the defendants received

https://www.mhc.tn.gov.in/judis S.A(MD)No.55 of 2017

from the plaintiff to show the earlier transactions before this Court,but

not done so. It is admitted by the defendants that apart from the suit

pronote, some other pronotes have been executed by the defendants in

favour of the plaintiff. Further, the suit pronote and other four

pronotes have been scribed on the same day, is the contention of the

defendants. Without adducing any evidence, such contentions of the

plaintiff cannot be accepted. The defendants contended that the entire

amount in respect of pronote have been paid to the plaintiff. In this

regard, a mere contention of the defendant that the entire amount has

been settled in respect of the suit pronote cannot be accepted, as the

defendants have not adduced any evidence to that effect. Further, the

defendants argued that the plaintiff have no means to lend money. The

plaintiff stated that she has got a coconut grove and he is getting

income from the same and that was not rebutted by letting in any

contra evidence by the defendants. It is admitted in the written

statement that there were earlier money transactions between them and

now contradictory stand taken by the defendants.

https://www.mhc.tn.gov.in/judis S.A(MD)No.55 of 2017

18. In paragraph No.4 of the written statement filed on the

side of the defendants, it is seen that there were many transactions held

between the appellants and the respondent and accordingly, in the year

1993, the first defendant borrowed a sum of Rs.60,000/- (Rupees Sixty

Thousand only), in the year 1996, the first defendant borrowed a sum

of Rs.2,00,000/- (Rupees Two Lakh only) and again, in the year 1999,

the first defendant borrowed a sum of Rs.1,00,000/- (Rupees One Lakh

only) from the plaintiff and he has admitted that the plaintiff has

returned the promissory notes, as he has paid the principle as well as

interest. In the year 2000, he obtained a sum of Rs.1,00,000/- (Rupees

One Lakh only), but the plaintiff has misused those papers is the claim

made by the defendants. That being the case, when the first defendant

has admitted that there was loan transaction, he cannot now come and

state that the plaintiff has got no means to pay the amount and he has

money transactions by obtaining loan from the plaintiff and according

to him, the plaintiff has returned the promissory note earlier. Now the

defendants come and claim that in the present case that the plaintiff has

executed four promissory notes and various cases have already been

filed and not accepted.

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19. In view of the above, this Court is of the view that in

the present case, promissory note has been admitted by the defendants

and he cannot now and state a contradictory statement.

20. The further contention of the defendants that when the

defendants are not able to disprove the claim of the plaintiff by

adducing rebuttal evidence, as per Section 118 of the Negotiable

Instruments Act, is concerned, at this juncture, it is worthwhile to refer

Section 118 of the Negotiable Instruments Act, which reads as

follows:-

"Until the contrary is proved, the following presumptions shall be made:-

(a) that every negotiable instrument was made or drawn for consideration, and that every such instrument, when it has been accepted, indorsed negotiated or transferred, was accepted, indorsed, negotiated or transferred for consideration."

https://www.mhc.tn.gov.in/judis S.A(MD)No.55 of 2017

21. Considering the scope of presumption under Section

118 of Negotiable Instruments Act, the Hon'ble Supreme Court in the

Judgment Kundan Lal Rallaram v. Custodian, Evacuee Property,

Bombay, reported in (AIR 1961 SC 1316) has held as under:-

“This section lays down a special rule of evidence applicable to negotiable instruments.

The presumption is one of law and thereunder a court shall presume, inter alia, that the negotiable instrument or the endorsement was made or endorsed for consideration. In effect it throws the burden of proof of failure of consideration on the maker of the note or the endorser, as the case may be. The question is, how the burden can be discharged? The rules of evidence pertaining to burden of proof are embodied in Chapter VII of the Evidence Act. The phrase "burden of proof' has two meanings one the burden of proof as a matter of law and pleading and the other the burden of establishing a case; the former is fixed as a question of law on the basis of the pleadings and is unchanged during the entire trial, whereas the latter is not constant but shifts as soon as a party adduces sufficient evidence to raise a

https://www.mhc.tn.gov.in/judis S.A(MD)No.55 of 2017

presumption in his favour. The evidence required to shift the burden need not necessarily be direct evidence, i.e., oral or documentary evidence or admissions made by opposite party; it may comprise circumstantial evidence or presumptions of law or fact. To illustrate how this doctrine works in practice, we may take a suit on a promissory note. Under S.101 of the Evidence Act, "Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist". Therefore, the burden initially rests on the plaintiff who has to prove that the promissory note was executed by the defendant. As soon as the execution of the promissory note is proved, the rule of presumption laid down in S.118 of the Negotiable Instruments Act helps him to shift the burden to the other side. The burden of proof as a question of law rests, therefore on the plaintiff; but as soon as the execution is proved, S.118 of the Negotiable Instruments Act imposes a duty on the Court to raise a presumption in his favour that the said instrument was made for consideration. This presumption shifts the burden of proof in the

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second sense, that is, the burden of establishing a case shifts to the defendant. The defendant may adduce direct evidence to prove that the promissory note was not supported by consideration and, if he adduced acceptable evidence, the burden again shifts to the plaintiff, and so on. The defendant may also rely upon circumstantial evidence and, if the circumstances so relied upon are compelling, the burden may likewise shift again to the plaintiff. He may also rely upon presumptions of fact, for instance those mentioned in S.114 and other sections of the Evidence Act. Under S.114 of the Evidence Act, "The Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case." Illustration (g) to that section shows that the Court may presume that evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it. A plaintiff, who says that he had sold certain goods to the defendant and that a promissory note was executed as consideration

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for the goods and that he is in possession of the relevant account books to show that he was in possession of the goods sold and that the sale was effected for a particular consideration, should produce the said account books, for he is in possession of the same and the defendant certainly cannot be expected to produce his documents. In those circumstances, if such a relevant evidence is withheld by the plaintiff, S.114 enables the Court to draw a presumption to the effect that, if produced, the said accounts would be unfavourable to the plaintiff. This presumption, if raised by a court, can under certain circumstances rebut the presumption of law raised under S.118 of the Negotiable instruments Act. Briefly stated, the burden of proof may be shifted by presumptions of law or fact, and presumptions of law or presumptions of fact may be rebutted not only by direct or circumstantial evidence but also by presumptions of law or fact. We are not concerned here with irrebuttable presumptions of law."

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22. Applying the above legal position, let us now consider

the facts of present case. PW1's evidence is to the effect that

defendants borrowed Rs.6,40,000/- (Rupees Six Lakh and Fourty

Thousand only) from the plaintiff. One Chinnadurai, who examined as

PW2, attester to Ex.A1 promissory note has also spoken about the

borrowal of the amount by the defendants and execution of Ex.A1

promissory note. Evidence required to shift the burden upon the

defendants need not necessarily be by direct evidence or oral or

documentary evidence. Evidence of PWs.1 and 2 are sufficient to raise

presumption under Section 118 of Negotiable Instruments Act.

23. In view of the forgoing discussions and the Judgment

of the Hon'ble Supreme Court reported in (AIR 1961 SC 1316) (cited

supra) this Court is of the considered view that no questions of law

much less substantial questions of law, has been made out by the

appellants / defendants calling for interference by this Court in the

well-considered judgments and decrees rendered by the Courts below

and accordingly, the Second Appeal is liable to be dismissed.

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24.In the result, the Second Appeal is dismissed. No

costs. Consequently, connected miscellaneous petition is closed.




                                                                           04.02.2022
                       Index        : Yes/No
                       Internet     : Yes/No
                       rm

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1.The Principal District Court, Dindigul.

2.The Additional Subordinate Court, Dindigul.

3.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis S.A(MD)No.55 of 2017

V.BHAVANI SUBBAROYAN, J.

rm

Judgment made in S.A(MD)No.55 of 2017

04.02.2022

https://www.mhc.tn.gov.in/judis

 
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