Law:

Section:

Civil Procedure Code (V of 1908)-------O. XXXVII, Rr. 2 & 3---Negotiable Instruments Act (XXVI of 1881), S.118---Suit on the basis of negotiable instrument---Contention of defendant was that he was in judicial lock up and he had not issued the cheque---Suit was dismissed by the Trial Court---Validity---Presumption was attached to negotiable instrument and burden would lie upon the defendant to prove contrary---Cheque was issued from the cheque book of the defendant---Defendant had not denied his signature on the said cheque---No evidence had been produced by the defendant that he had not issued the cheque nor signed same---Mere denial that he had not issued the cheque would not be sufficient---Plaintiff had proved that cheque was issued which was presented before the bank but was bounced due to insufficient amount---Plaintiff was entitled for recovery of amount mentioned in the cheque---Findings of Trial Court were alien to law---Trial Court had erred in appraising evidence in its true perspective---Impugned and decree of Trial Court were set aside and suit of plaintiff was decreed---Appeal was accepted in circumstances. Saleemullah Khan Ranazai for Appellant. Sajid Nawaz Khan and Ghulam Hur Khan Baloch for Respondents. Date of hearing: 30th September, 2013. JUDGMENT ABDUL LATIF KHAN, J.--- Through the instant appeal, the appellant has called in question the judgment and decree dated 27-2-2007 passed by the learned Additional District Judge-I, D.I.Khan vide which his suit for recovery of Rs.3,75,000 on the basis of a cheque, was dismissed. 2. Learned counsel for the appellant contended that the suit of the plaintiff-appellant was based upon cheque, duly proved through reliable evidence, given by the respondent from his cheque book under his signature, for a sum of Rs.3,75,000 but trial Court has treated the same as ordinary civil case and reached at a wrong conclusion vide impugned judgment and decree. He argued that trial Court has indulged itself into unnecessary and unwarranted controversies not required under the law, in case filed on the basis of negotiable instrument for recovery of amount mentioned therein. It was argued that there is nothing on…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492