JAGDISH SINGH Vs. AMAR NATH

JUDGEMENT

(1.) VIDE order under challenge, onus to prove that at the time of execution of pronote and receipt, in dispute, consideration was not paid by the petitioner- defendant, was shifted upon him.

(2.) THIS Court feels that in view of the stand taken in the written statement wherein execution has virtually been admitted and it has further been stated that the amount was repaid, it is for the petitioner to prove this fact. Section 118 of the Negotiable Instruments Act, 1881 draws a presumption that in case execution is admitted, it will be presumed that consideration has been paid. In view of the above, no case is made out for interference.