Cheque Bounce Case Lahore High Court 2026 | Section 118 Presumption & Burden of Proof.
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| 2026 clc 252 |
چیک کے مقدمات میں دفعہ 118 کے تحت قانونی مفروضہ اور بارِ ثبوت
🔹 ابتدائی ثبوت کی ذمہ داری:
🔹 رد کرنے کے لیے معیارِ ثبوت:
🔹 ناکافی رقم کی صورت میں:
نتیجہ:
Must read judgement.
2026 CLC 252
PLJ 2025 Lahore 798
The presumption u/s 118 Negotiable Instrument Act shall arise every time when the execution of negotiable instrument is admitted by a defendant. It, however, can certainly be rebutted by a defendant through a direct and circumstantial evidence to demonstrate, where consideration is absent in which case the onus to prove would shift onto the plaintiff. The initial proof of due execution of a negotiable instrument by the defendant shall rest on the plaintiff and upon such discharge the onus shall shift to the defendant perforce of the presumption under Section 118 of the Act. It is then for the defendant to prove that the negotiable instrument is not supported by a consideration, notwithstanding the fact that leave to appear and defend has been granted. As far as the standard of proof for rebuttal of presumption of Section 118 of Act is concerned, the Hon’ble Supreme Court of Pakistan has held that such presumption in favour of a cheque ought to be rebutted strongly by issuer of a cheque. It is a trite law when the execution is not denied, the burden and standard of rebuttal is much more heavier. It has been enunciated by the Apex Court that in a case where it is established that the cheque in issue belonged to the bank account of the defendant and the cheque has been dishonoured due to “insufficient funds” no other ground is available to a defendant.
R.F.A. No. 23970 of 2025
TAHIR JAVED versus MUHAMMAD SHARIF--
