Law:

Section:

Negotiable Instruments Act (XXVI of 1881)--- ----S. 6---Civil Procedure Code (V of 1908), O. VII, R. 10 & O. XXXVII, Rr. 2 & 3---Negotiable instrument---Summary suit on the basis of cheque---Plaint, return of---Scope---Application for return of plaint was moved on the ground that "cheque" was not a "negotiable instrument" and Court had no jurisdiction to adjudicate upon the matter---Trial Court dismissed the said application holding that Court had jurisdiction to adjudicate upon the matter---Validity---"Cheque" would fall within the definition of "negotiable instrument"---Plaintiff could file suit under O. XXXVII, R. 2, C.P.C. on the basis of cheque---Trial Court had rightly dismissed the application filed by the defendant---No illegality, irregularity or jurisdictional defect was pointed out in the impugned order passed by the Trial Court---Revision petition was dismissed in limine. THIS JUDGMENT DELIVERED BY: SHAKEEL AHMAD, J.--- Through this judgment, the petitioner has called in question the order dated 30.10.2017, passed by the learned Additional District Judge-V, D.I. Khan, whereby petitioner's application filed under Order VII, Rule 11, Code of Civil Procedure, 1908 was dismissed. 2. The facts giving rise to the instant revision petition, in brief, are that the respondent brought a suit for recovery of Rs.83,000/- against the petitioner/defendant. It was asserted in the plaint that the respondent is carrying on the business of electronics appliances in the name of Amin Electronics. On 6.3.2013, the petitioner/defendant approached the respondent/plaintiff and showed his intention to purchase fridge, to this effect an agreement was executed between the parties on 06.3.2013 which was duly thumb impressed. The agreement was witnessed by its marginal witnesses namely Lal Hussain and Atlas Khan. Out of the total sale price (38,500/-), an amount of Rs.2600/- was paid in advance and rest of the amount Rs.35,900/- was to be paid in easy installment @ Rs.2600/- per month till 10.9.2013. Out of the total sale amount Rs.15600/- was paid and the remaining amount i.e 22900/- is still outstanding. Again on 04.5.2013, the petitioner approached respondent to…

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