GANGADHARA PANICKER Vs. HARIDASAN

JUDGEMENT

(1.) Plaintiff filed the suit on the strength of a dishonoured cheque Ext.A1 for Rs. 4,000/- and interest thereon. His case is that when the cheque was presented it was dishonoured as per Ext.A-2 memo. Defendant contended that he owed Rs. 1,000/- to D.W.2 Sadasivan, that on 18-6-1975 he and D.W.2 approached the plaintiff and demanded Rs. 1,250/- as loan and that plaintiff gave Rs. 1,000/- to D.W.2 on getting from the defendant a signed cheque leaf. The Trial Court granted a decree in favour of the plaintiff for Rs. 1,000/- and interest at 6% per annum. Plaintiff's appeal was dismissed by the Sub Judge.

(2.) The Munsiff held that the evidence adduced by both sides is interested and not reliable. The Munsiff found it difficult to accept the testimony of the witnesses examined by both sides and the Sub Judge agreed with the aforesaid finding.

(3.) Learned counsel for the plaintiff submitted that as the evidence adduced by both sides has been found to be unsatisfactory the Courts below ought to have drawn necessary presumption regarding consideration under S.118(a) of the Negotiable Instruments Act, particularly in view of the fact that the defendant has admitted his signature in the cheque. Learned counsel for the defendant submitted that as the cheque is not admitted by the defendant the burden to prove its execution is upon the plaintiff and as both the Courts on appreciation of evidence held that the evidence on his side is not reliable no presumption can be drawn.