Law: Civil Procedure Code (V of 1908)

Section: S.2(2),O.XXXVII,R.1

Law: Negotiable Instruments Act, 1881

Section: 79

Civil Procedure Code (V of 1908)--- ----O.XXXVII, R.1---Negotiable Instrument Act (XXVI of 1881), S.79---Recovery of money---Dishonoring of cheque---Closure of Bank account---Plaintiffs sought recovery of money from defendant who had executed cheques from account which was already closed---Validity---If a party/defendant had issued cheques in favour of plaintiffs and those cheques upon presentation could not be encashed because of closure of account, then such conduct of defendant was a mala fide one and was done with dishonest intention to defraud plaintiffs---Act of defendant amounted to dishonoring of cheques hence consequences would follow---Plaintiffs were entitled to recover their money along with statutory interest of 6% in terms of S.79 of Negotiable Instruments Act, 1881 from date of institution of suit till realization of money---Suit was decreed accordingly. Thirumala Agencies and another v. Samala Mareppa and Sons 2001 Cri.L.J. 2629; ILR 2001 Kar 737; Mohan Lal v. Om Prakash AIR 1986 Raj 132; 1988 (1) WLN 243; G. Venkataramanaiah v. Sillakollu Venkateswarlu 1999 (3) ALD 719; 1998 (2) ALD Cri 689; 1999 (2) ALT 121; 1999 97 CompCas 13 AP and Haji Ali Khan & Co. v. Messrs Allied Bank of Pakistan Limited PLD 1995 SC 362 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD FAISAL KAMAL ALAM, J.---- The Plaintiffs have filed the present action at law under Order XXXVII Rule 1 of the Civil Procedure Code, 1908, (Summary Procedure) in respect of four cheques of different dates, with the following Prayer Clause_ "In light of the above circumstances, it is most respectfully prayed that a decree may kindly be passed in favour of the Plaintiffs and against the Defendant in the following terms: a. Recovery of Rs.633,300,000/- as the principal amount that was paid by the Plaintiffs to the Defendants from time to time, along with interest / mesne profit at the rate prevailing on the date of payment from the date the cheques were dishonored till the date of realization of the aforesaid amount:- b. Any subsequent interest as this Honourable Court may deem fit in terms of Section 34 of the Code of Civil Procedure, 1908; c. Cost of the suit be awarded to the Plaintiffs; d.…

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