9911796707
TMI Blog2024 (10) TMI 555X X X X Extracts X X X X X X X X Extracts X X X X ..... W1, has categorically deposed about the execution and issuance of Ext.A1 cheque by the defendant. He has asserted about the signing of the cheque by the defendant in his presence. There is no other witness, for such execution and issuance - When PW1 is cross examined there is no suggestion that the signature in Ext.A1 is not that of the defendant. No steps were taken by her to have an expert opinion obtained regarding the signature on Ext.A1. We are in agreement with the finding of the trial court that the plaintiff has proved the due execution of the cheque. The execution of the cheque having been proved, the plaintiff is entitled for the benefit of the presumption under Section 118(a) of the N.I. Act that, the instrument is supported by c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... SRI. R. GOPAN SRI.SHAJIN S. HAMEED FOR THE RESPONDENT : BY ADVS. SRI.T. K. VIPINDAS SRI. K. V. SREE VINAYAKAN JUDGMENT Sathish Ninan , J. The suit for money due under a dishonoured cheque was decreed by the trial court. The defendant is in appeal. 2. According to the plaintiff, the plaintiff and the defendant are known to each other. The defendant and her husband required amounts for their business. They approached the plaintiff for the same. The plaintiff raised the required fund from his friends. An agreement was executed between plaintiff and the defendant's husband agreeing to repay the amount. On the failure of the defendant and her husband to pay off the liability, the plaintiff was constrained to discharge the liability. Thereaf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to the due execution of Ext.A1 cheque and the drawing of presumption under Section 118(a) of the N.I. Act warrant any interference ? (ii) Is the finding of the trial court that the defendant failed to rebut the presumption under Section 118(a) of the N.I. Act based on the evidence in the case? 7. In the written statement the defendant denied the issuance of Ext.A1 cheque and also the signature thereon. That Ext.A1 cheque belongs to the defendant is not in dispute. According to her, she is unaware as to how the cheque happened to be in the possession of the plaintiff. 8. The plaintiff as PW1, has categorically deposed about the execution and issuance of Ext.A1 cheque by the defendant. He has asserted about the signing of the cheque by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... B2 was paid off, and the original of Ext.B2 was got returned. It is accordingly that she has produced it. According to the plaintiff, the liability under Ext.B2 was not discharged. According to him, after paying an amount of ₹ 2 lakh in cash, for payment of the balance amount, Ext.A1 cheque was issued by the defendant, and Ext.B2 was returned. Though the defendant has denied the same, as noticed earlier she has no explanation as to how her cheque happened to be with the plaintiff. Though the signature thereon is denied, no steps have been taken by her to prove the same. She has no case that Ext.A1 cheque was stolen by the plaintiff or anyone. She has no case that the cheque was lost from her possession. She had not countermanded payme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mind a finding recorded by the trial court on oral evidence. It should not forget that the trial court had an advantage and opportunity of seeing the demeanour of witnesses and, hence, the trial court s conclusions should not normally be disturbed. No doubt, the appellate court possesses the same powers as that of the original court, but they have to be exercised with proper care, caution and circumspection. When a finding of fact has been recorded by the trial court mainly on appreciation of oral evidence, it should not be lightly disturbed unless the approach of the trial court in appraisal of evidence is erroneous, contrary to well-established principles of law or unreasonable . 14. On the evidence on record, the conclusions arrived at b ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
