Execution of promissory note and unrebutted presumption of consideration sustained recovery claim

Execution of a promissory note was proved through the attesting witness and the scribe, including the defendant's signature and thumb impression. Once execution was established, the presumption of consideration and date under the Negotiable Instruments Act operated in favour of the holder, and the defendant's failure to produce expert or other acceptable rebuttal evidence left that presumption unrebutted. The court could also compare disputed and admitted signatures under Section 73 of the Evidence Act as a corroborative exercise. A collateral monetary dispute did not discredit the plaintiff's case, and the findings in favour of the plaintiff were affirmed.

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Issues: Whether the plaintiff proved execution of the promissory note and entitlement to recovery, and whether the appellate court was justified in comparing the disputed signature under Section 73 of the Evidence Act.

Analysis: The plaintiff adduced direct evidence through the attesting witness and the scribe to prove execution of the promissory note, which also contained the defendant's signature and thumb impression. Once execution was proved, the statutory presumption under Section 118 of the Negotiable Instruments Act operated in favour of consideration and date. The defendant did not produce expert evidence or any other acceptable material to disprove execution or rebut the presumption. In these circumstances, the courts below were entitled to compare the disputed signature with admitted signatures under Section 73 of the Evidence Act as corroborative exercise, and the alleged collateral dispute concerning another monetary transaction did not discredit the plaintiff's case.

Conclusion: The execution of the promissory note was proved, the presumption of consideration stood unrebutted, and the comparison of signatures was permissible. The findings in favour of the plaintiff were affirmed.

Ratio Decidendi: Once execution of a promissory note is proved by acceptable evidence, the presumption of consideration arises in favour of the holder, and the court may compare disputed and admitted signatures under Section 73 of the Evidence Act when the defendant fails to rebut the case.

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