Law:

Section:

Negotiable Instruments Act (XXVI of 1881)--- ----S. 118---Civil Procedure Code (V of 1908), O. XXXVII, Rr. 2 & 3---Summary suit on the basis of cheque---Negotiable instrument---Expert evidence---Scope---Cheque was given status of 'negotiable instrument' which could not be engineered or fabricated as other document(s) declared or qualified as 'negotiable instrument'---Defendant had taken contradictory stance in the present case---No question of issuance of cheque book would arise without having an account opened---Nothing was on record that any FIR was lodged with regard to alleged theft of cheque---Cheque in question belonged to defendant---Defendant could not escape the consequences arising therefrom unless proved contrary which he had failed to do---Mere typographical mistake/error could not decrease the consequences which a 'drawer' had to ensure encashment/payment of amount to the 'holder'---Plea which was not taken before the Trial Court could not be looked into by the Appellate Court---Evidence of an expert was nothing more than confirmatory or explanatory of direct or circumstantial evidence---Such evidence of expert could not be given preference over confidence inspiring and worthy of credence evidence available to prove otherwise---Defendant had not produced any document in support of his claim---Cheque in question was issued by the defendant in favour of plaintiff which was dishonoured by the bank on presentation---Appeal was dismissed in circumstances. Mohammad Abdullah v. Mohammad Aslam 2014 CLC 1205 and Abdul Rasheed v. Syed Fazal Ali Shah 2016 SCMR 2163 ref. Taj Muhammad Khan v. Munawar Jan 2009 SCMR 598 and Saadat Sultan v. Muhammad Zahur Khan 2006 SCMR 193 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD SALEEM JESSAR, JUSTICE:---.--- Through this appeal, the appellant/defendant has assailed the judgment dated 27.03.2010 (hereinafter to be referred as impugned judgment) and decree dated 01.04.2010 in Suit No. 01/2007 passed by learned Additional District Judge, Kashmore whereby the summary suit, filed by respondent/ plaintiff (hereinafter to be referred as respondent) under Order XXXVII, Rule 2, C.P.C. on the basis, of cheques issued by the…

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