Smt. Shamim Afroz And Ors. vs Mehfooz-Ul Hasan And Ors. on 6 September, 2006
(Emphasis supplied)
It has to be borne in mind that, when evidence has been adduced on both sides, the question of onus is a material or deciding factor only in exceptional circumstances, of Yellappa Ramappa Naik v. Tippanna, 56 Mad LJ 287 : AIR 1929 Mad 8 and that even the onus under Section 118 of the Negotiable Instruments Act need not always be discharged by direct evidence adduced by the defendant; Muhammad Shaft Khan v. Muhammad Moazzam AH Khan 79 Ind Cas 464 : AIR 1923 All 214, Singar Kunwar v. Basdeo Prasad 124 Ind Cas 717 : AIR 1930 All 568 and Bishambar Das v. Ismail AIR 1933 Lah 1029.