Mohamed Haniffa Mohamed Naleem vs M P Manthriratna – CA 309/99 F -2013

In the case between Mohamed Haniffa Mohamed Naleem (plaintiff–respondent) and M P Manthriratna, Asoka, Horagolla, Warakapola (substituted by H.P. Asoka Manthriratna) (defendant–appellant), the court addressed the issue of liability for the full amount of a dishonoured cheque valued at Rs. 20,000. It was held that the defendant remained liable for the entire sum, as the asserted repayment of Rs. 15,000 was not established by sufficient evidence. The principle reaffirmed was that the burden lies on the debtor to prove partial repayment when such is alleged as a defence. Reliance was placed on the evidentiary findings of the District Judge and the credibility of witnesses. Emphasis was placed on the sufficiency of evidence regarding partial settlement of debt and the court’s authority to upho