2022 (8) TMI 817 - HC - Indian Laws

Court rules in favor of respondent in money recovery suit, emphasizes need for substantial evidence

S.K. Sampath Versus M. Kathirvel

S.K. Sampath Versus M. Kathirvel - TMI Issues:Challenge to judgment and decree of District Court, Karur in O.S.No.08 of 2014.Analysis:1. Issue 1 - Validity of Suit Pro-Note:The respondent filed a suit against the appellant for recovery of money, alleging a loan of Rs.10,00,000/- borrowed on 12.04.2012 with a promissory note. The appellant denied borrowing any amount and claimed the promissory note was with Sri Rajalakshmi Finance. The trial judge decreed the suit based on evidence, including admission of signature on the promissory note by the appellant.2. Issue 2 - Entitlement to Suit Amount:The respondent sought recovery of Rs.12,56,533/- with interest. The appellant argued that the promissory note was not given to the respondent but to the finance company. The trial court found the appellant failed to prove this claim, shifting the onus to the appellant to rebut the presumption under Section 118 of the Negotiable Instruments Act.3. Issue 3 - Relief for Plaintiff:The trial court decreed in favor of the respondent, ordering the appellant to pay the claimed amount with interest. The appellant's defense of not borrowing from the respondent and the involvement of the finance company were not substantiated, leading to the dismissal of the appeal by the High Court.The judgment emphasized the importance of proving claims and defenses in legal proceedings. The appellant's failure to provide substantial evidence to counter the presumption under the Negotiable Instruments Act resulted in the dismissal of the appeal. The court upheld the trial court's decision, confirming the judgment and decree in favor of the respondent, highlighting the need for clear and convincing evidence to support legal claims in cases of financial transactions and loan agreements.