Section 118(a) presumption fails where cheque execution is denied and the plaintiff cannot prove execution or consideration.

The statutory presumption of consideration under Section 118(a) of the Negotiable Instruments Act, 1881 arises only after due execution of the cheque is proved. Where execution is specifically denied, the plaintiff must first establish execution and the passing of consideration; on unreliable evidence, the presumption cannot be invoked. As the defendant denied execution, the cheque particulars were filled in by the plaintiff, and the plaintiff's evidence was found unsatisfactory, the concurrent findings against the plaintiff were left undisturbed and the second appeal failed.

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Issues: Whether the plaintiff could rely on the presumption of consideration under Section 118(a) of the Negotiable Instruments Act, 1881 when execution of the cheque was denied and the plaintiff's evidence was found unsatisfactory.

Analysis: The presumption under Section 118(a) arises only after due execution of the negotiable instrument is established. Where execution itself is in dispute, the plaintiff must prove execution as well as passing of consideration. Since the defendant denied execution of the cheque, the amount and date were filled in by the plaintiff, and the evidence adduced by the plaintiff was found unreliable, the presumption could not be invoked. The concurrent findings below therefore warranted no interference.

Conclusion: The plaintiff was not entitled to the statutory presumption under Section 118(a) of the Negotiable Instruments Act, 1881, and the second appeal was liable to fail.

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