High Court of Punjab and Haryana, Chandigarh
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Kuldeep Singh v. Amar Nath - CR-6522-2005  RD-P&H 370 (25 January 2006)
C.R. No.6522 of 2005
Date of Decision: 3.2.2006
Kuldeep Singh Vs. Amar Nath
CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present:- Shri Mahesh Gupta, Advocate for the petitioner.
Shri H.R.Nohria, Advocate for the respondent.
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.
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.
February 3, 2006 ( JASBIR SINGH )
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