NDLI: Kapil Kumar Vs. Raj Kumar

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1881 Negotiable Instruments Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Negotiable Instruments Act, 1881 – ss. 4 and 118 – Promissory note – Appellant instituted recovery suit against respondent contending that the latter borrowed Rs. 1 lakh from him and also executed a pro-note in favour of appellant – Respondent denied execution of pro-note and took the stand that no loan was taken by him – Trial court decreed the suit – Decree upheld by First Appellate Court – Second appeal allowed by High Court on ground that attesting witness to the pro-note was not examined and therefore, content of the pro-note was not proved – Held: High Court erred in upsetting the findings of facts recorded by trial court and confirmed by First Appellate Court – Even the substantial question of law framed by the High Court cannot be said to be as such a question of law much less substantial question of law – On merits also, the signature of respondent on the pro-note was established and proved and even execution of the pro-note was established – In the circumstances, non-examination of the witness to the pro-note cannot be held against the appellant – There is presumption of consideration in a negotiable instrument – Such presumption may be rebutted, however, no rebuttal evidence led by the respondent – Impugned judgment of High Court accordingly unsustainable both on law as well as on facts – Code of Civil Procedure – s.100 – Second Appeal.Code of Civil Procedure – s. 100 – Second Appeal – Unless concurrent findings recorded by the courts below are found to be perverse, the same are not to be interfered with by the High Court u/s. 100 CPC.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2022 INSC 1094
Petitioner	Kapil Kumar
Respondent	Raj Kumar
SCR	[2022] 13 S.C.R. 554
Judgement Date	2022-10-14
Case Number	5854

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