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3. The appellant, pursuant to the promise given to the plaintiff, gave four demand drafts totalling a sum of Rs.25,00,000/-. The plaintiff deposited three of the demand drafts totalling a sum of Rs.20,00,000/- before the 5th defendant bank. When the same was sent _______________ https://www.mhc.tn.gov.in/judis for collection to the 4th defendant bank, the demand drafts were returned with an endorsement “demand draft reported lost”. The plaintiff attempted to get in touch with the appellant, but the appellant was not reachable and hence left with no other option, the suit was filed seeking for the recovery of money along with interest.

16. Section 101 of the Evidence Act is based on the principle “he who affirms must prove”. This provision requires that whoever wants a judgment in his favour, must prove his case and it is a legal burden from which there is no escape.

17. Since demand drafts have been drawn in the name of the plaintiff, this Court wants to ascertain as to whether the appellant has given a proper reason as to why these demand drafts went into the hands of the plaintiff. The appellant in the written statement has given a detailed explanation as to why demand drafts were drawn in the name of the plaintiff. The case of the appellant is that their organisation was looking for investment in the existing windmill company and was shown _______________ https://www.mhc.tn.gov.in/judis certain sites and was also asked to pay an initial investment of Rs. 25,00,000/-. The dealing was not completed and in the meantime, the demand drafts were lost by the appellant. Hence, police complaint was given before the Crime branch, Tirunelveli on 28.08.2003 and the said complaint has been marked as Ex.B1. Ex.B2 was the CSR given by the concerned police after receiving the complaint. Ex.B3 is the telegram that was sent to the Inspector of Police, Central Crime branch, informing the police about the deposit of the four demand drafts and for taking necessary action. Ex.B4 and Ex.B5 are the correspondence with the Syndicate bank and the stop payment made by the bank.