Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII,R.1

Law: Qanun-e-Shahadat (10 of 1984)

Section: 73,117,118

Civil Procedure Code (V of 1908)---- ----O.XXXVII, R.1---Qanun-e-Shahadat (10 of 1984), Arts.117 & 118---Recovery of money on the basis of cheque---Onus to prove---Dishonoring of cheque---Clearance of amount---Plaintiff company filed suit for recovery of money from defendant after dishonouring of cheque---Plea raised by defendant was that he had paid due amount to plaintiff through pay order as dishonouring of cheque was a Banking error---Validity---Plaintiff had to lead positive evidence in support of his claim according to Arts. 117 and 118 of Qanun-e-Shahadat, 1984---Subject cheque was issued for consideration and plaintiff was not compensated subsequently when the cheque was dishonored in which plaintiff failed---Plaintiff had already received amount of disputed cheque therefore, suit was filed with mala fide intention and was not maintainable---Overall conduct of plaintiff company from time of granting leave to defend application was not of a bona fide litigant---Suit was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: MUHAMMAD FAISAL KAMAL ALAM, J.---- Plaintiff has instituted this Suit under Summary Chapter of the Civil Procedure Code, 1908, with the following prayer clause_ "It is, therefore, prayed that this Hon'ble Court may be pleased to pass Judgment and Decree against the Defendant as under: - "A. Decree the suit in the sum of Rs.21 Million in lieu of cheque amount in favour of the Plaintiff against the Defendant with markup / interest at the rate of 19% per annum from the date of filing of suit till the amount is realized. B. Any other relief which this Hon'ble Court may deem fit and proper in the circumstances of the case." 2. As per the averments of plaint, the Plaintiff is a Stock Brokerage and Equity Investment Company and is a corporate member of the then Karachi Stock Exchange (now Pakistan Stock Exchange). The Defendant in the first week of December, 2006, had opened an Account No.1577 with CDC, Sub-Account No.7394 with the Plaintiff, for purchase of 1.5 Million shares of Callmate Telips Telecom Limited against a total value of Rs.151.5 Million. It is the main stance of Plaintiff that as a part consideration of the above amount…

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