suit Promissory Note in favour of the plaintiff. The defendant further submitted that the alleged suit Promissory Note was a rank forgery ... suit Promissory Note Ex.A.1 executed by the defendant. But, the defendant has denied the execution of the said suit Promissory Note
promissory note contained the signature of the defendant particularly when the defendant has denied her signature in the alleged promissory note and pleaded forgery ... agreed. In the process of proving the execution of the suit promissory note, the plaintiff had examined
rests on the plaintiff. As soon as the execution of the
promissory note is proved by the plaintiff, once again Section 118 of the
Negotiable ... before the Commissioner of Police
for the forgery committed by the plaintiff on the suit promissory note -
Ex.A3 and the same was forwarded
Section 73 of the Indian Evidence Act to send the suit promissory note along with the admitted signature of the first defendant found ... plaintiff to prove the execution of the promissory note. When the same is disputed as forgery, the burden is all the more on the plaintiff
prove that the defendant was not available at that time the promissory note alleged to have been executed, the defendant examined ... send the suit promissory note as well as the admitted thumb impression for forensic and to prove that it was a forgery.
10. Having failed
notes alleged to have been executed by the defendant in favour of the plaintiff. Normally, when the execution is denied and forgery is alleged regarding ... execution. In the instant case, though the execution of the suit promissory notes is admitted, the stand of the defendants is that it was with
specific plea of forgery, he could have taken steps to get the signature found in Ex. A.1 promissory note compared with his admitted signature
plaints, is that the defendant executed the suit promissory notes on 06.3.1995, 01.12.1993, 01.6.1994 and 09.7.1995 respectively after borrowing ... father-in-law and the attestor in all the four promissory notes is one Vijayakumar, who is the nephew of the defendant.
8. From
S.Jayapaul vs N.Virumandi on 26 August, 2019
Bench: Pushpa Sathyanarayana , T.Krishnavalli
A
Chitra Finance Agencies vs Kalimuthu on 2 September, 2014
Author: Pushpa Sathyanarayana
Bench: Pushpa Sathyanarayana
