Law:

Section:

THIS JUDGMENT DELIVERED BY: MUHAMMAD FAISAL KAMAL ALAM, JUSTICE:---.--- This first appeal under section 96 of C.P.C. Has been preferred against the order dated 17.12.2015, whereby the leave to defend application filed by the Appellant was dismissed, and consequently Suit filed by present Respondent (Ali Akbar) was decreed by the impugned decree dated 23.12.2015 passed by the learned District Judge, Hyderabad, in Summary Suit No. 32/2015. 2. Relevant facts leading to the filing of present appeal are that present Appellant, who was the defendant in the above summary suit, had good business relations with the present Respondent-the Plaintiff, who has filed the above summary suit. 3. It has been averred by the present Appellant that as the latter is an experienced real estate dealer, the Respondent gave him money for investment and on account of these regular transactions, the present Appellant issued two cheques for a total amount of Rs. 49,00,000/- (Rs. 4.9 Million), which were subsequently bounced on presentment and consequently present Respondent lodged a FIR under Crime No. 05/2015 at Police Station Qasimabad, Hyderabad, against present Appellant and while the criminal case No. 166/2015 was pending adjudication before the concerned learned Civil Judge and Judicial Magistrate, Hyderabad, a compromise under section 345(6) of Cr.P.C. Was effected vide order dated 10.03.2015, which was passed on the application under the above provisions filed and signed by both the parties to the present proceedings. 4. In consideration of the above compromise another Cheque No. 2456355 for an amount of Rs. 4 Million dated 08.06.2015 drawn on Allied Bank Ltd. Qasimabad Branch (the subject cheque) was admittedly issued by the present Appellant to the Respondent, which was also dishonored on presentment in the Bank. Consequently, the present Respondent has filed the above mentioned Summary Suit No. 32 of 2015, wherein notices and summons in the prescribed form were issued to Appellant, who filed leave to defend application, which is available at Page-33 of the present file, and said application was opposed by the present Respondent by filing the counter affidavit thereto. The…

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