NDLI: Rajaram S/o Sriramulu Naidu (since Deceased) Through L.rs. Vs. Maruthachalam (since Deceased) Through L.rs

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Money Lending preponderance of probabilities
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Negotiable Instruments Act, 1881 (26 of 1881)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Money Lending – The appellant’s wife subscribed to chit funds (1992 and 1995) with the respondent for which two signed blank cheques were submitted as security – After maturity of the chit funds, appellant and his wife sought release of the subscription amount – However, respondent presented those cheques for encashment without any intimation to appellant – Said cheques were dishonoured as the appellant had closed the account – Respondent filed two complaint cases u/s. 138 of NI Act – Both cases were dismissed by the trial Court – Thereafter, respondent filed suits for recovery of money on the basis of the Promissory Notes –Both the suits were dismissed – Appeals against the judgments in the criminal matters were allowed by the High Court and order of conviction and sentence was passed – Also, the suits were decreed by the High Court – On appeal, held: Considering the criminal appeals first, the trial court found that Income Tax Returns of the complainant did not disclose that he lent amount to the accused, and that the declared income was not sufficient to give loan of Rs. 3 lakhs –The standard of proof for rebutting the presumption is that of preponderance of probabilities – Applying this principle, the trial Court had found that the accused had rebutted the presumption on the basis of the evidence of the defence witnesses and attending circumstances – In the instant case, the defence raised by the appellant satisfies the standard of ‘preponderance of probability’ – High Court was not justified in reversing the order of acquittal of the appellant – Insofar as civil appeals are concerned, High Court on basis of the evidence on record, relying on the preponderance of probability, came to the conclusion that the plaintiff had the financial ability to lend sum of Rs. 3 lakhs – As the appellant’s wife was not examined as witness, the High Court found that the best available evidence was withheld by the defendants/appellants and as such principle of adverse inference applicable – Therefore, no reason to interfere with the judgments and the orders passed by the High Court in civil appeals.
Judge	Hon'ble Mr. Justice Bhushan Ramkrishna Gavai
Neutral Citation	2023 INSC 51
Petitioner	Rajaram S/o Sriramulu Naidu (since Deceased) Through L.rs.
Respondent	Maruthachalam (since Deceased) Through L.rs
SCR	[2023] 1 S.C.R. 809
Judgement Date	2023-01-18
Case Number	1978

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Rajaram S/o Sriramulu Naidu (since Deceased) Through L.rs. Vs. Maruthachalam (since Deceased) Through L.rs

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Rajaram S/o Sriramulu Naidu (since Deceased) Through L.rs. Vs. Maruthachalam (since Deceased) Through L.rs

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