Law:

Section:

Civil Procedure Code, 1908 (V of 1908)-- ----O. XXXVII, Rr. 1 & 2--Negotiable Instrument Act, 1881, S. 118--Suit for recovery under Order XXXVII, C.P.C. on the basis of cheque--Decreed by trial Court--Regular First Appeal--Negotiable instrument--Proof of--Section 118 of the Negotiable instrument Act, 1881, does not envisage a conclusive presumption about the drawing, consideration of the negotiable instrument, rather without any fear of contradiction, it can be held to be rebutable in nature and this is so clear and obvious from the expression used in the section i.e. "until the contrary is proved"--The expression "until the contrary is proved" is couched in the negative and the proof of a "negative fact" has its own limitations and bounds and the law in this behalf does not recognize and require that a litigant should imperatively give the positive evidence of a "negative fact", this is inconceivable under the law of the proof of a fact--However, the Rules 1 & 2 are subject to certain exceptions--It shall be permissible in law to prove to the contrary" by means of cross-examination upon the witnesses of the plaintiff, that the instrument was not drawn and the consideration never passed--Held: Fact deposed in the examination-in-chief if not cross-examined, shall be deemed to have been admitted--Signatures on the cheque have not been asked for the opinion of expert by the plaintiff, the bank officer is unable to state, if these signatures are genuine or otherwise, the exact dates are not specifically mentioned in the plaint or even so specified in the statement of prosecution witness--There is no explanation about this very conspicuous omission, such quality of evidence on the record in our candid view has excluded the case from the realm of transaction as has been contemplated by the provisions of Section 118 of the Negotiable instruments Act, 1881--Decision of the matter must be exclusively founded on the presumption of the section cannot be accepted--Appeal allowed. THIS JUDGMENT DELIVERED BY: MIAN SAQIB NASIR, J.- The suit for the recovery filed by the respondent under the provisions of Order 37 CPC against the appellants, on the basis of a cheque,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492