Presumption of consideration – Onus to rebut -- Courts below have found unrebutted and unshattered testimony of plaintiff and marginal witness as suffice to prove the execution of the pronote and receipt -- In case, the pronote and receipt were not bearing the thumb impression of the defendant, an opportunity was available with her to prove the same by examining a handwriting and finger print expert – Plaintiff was not required to examine any expert witness to prove that the pronote and receipt are bearing the thumb impressions of defendant -- Once the pronote and receipt are duly proved, presumption is drawn under Section 118 of Negotiable Instruments Act that it was executed for consideration -- Initial onus was on the defendant to prove that these pronote and receipt were executed without consideration.

(P&H HC) Decided on: 05.11.2015