Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XXXVII, Rr.1 & 2---Negotiable Instruments Act (XXVI of 1881), S. 118---Recovery of money---Negotiable instrument (cheque)---Presumption---Plaintiff filed suit for recovery of money on the basis of cheque issued by defendant which was dishonored by Bank and Trial Court decreed the suit in favour of plaintiff---Plea raised by defendant was that the cheque was issued as a guarantee---Validity---Defendant appeared as his own witness and admitted during cross-examination that cheque bore his signatures and he did not file any suit for cancellation of the same---Defendant also admitted that he filed suit for rendition of accounts which was dismissed but he did not file any appeal against the same---Defendant admitted that cheque was given by him although he claimed the same to be as guarantee in blank---Previous business transactions between parties were admitted---Every negotiable instrument was presumed to have been issued against consideration---Although presumption under S. 118, Negotiable Instruments Act, 1881, was rebuttable yet it had to be rebutted by leading cogent evidence---No discrepancy was found in the of Trial Court whereby the same could be declared to have been passed without lawful authority or based on erroneous exercise of jurisdiction---Judgment and decree passed by the Court below were based on proper appreciation of evidence available on record---Appeal was dismissed in circumstances. [Paras. 11 & 12 of the ] Mst. Taj Bibi v. Syed Ahmad Shah 1989 SCMR 1001 ref. Muhammad Azizur Rehman v. Liaqat Ali 2007 CLD 1605 rel. THIS JUDGMENT DELIVERED BY: MUZAMIL AKHTAR SHABIR, JUSTICE:---.--- This appeal is directed against the judgment and decree dated 04.09.2014 passed by the Addl. District Judge, Mailsi, whereby the suit for recovery of Rs.25,50,000/- filed by the respondent was decreed against the appellant. 2. Brief facts of the case are that the respondent filed a suit for recovery of Rs.25,50,000/- against the appellant on the basis of cheque bearing No. 32187815 drawn on Muslim Commercial Bank Limited, Mailsi Branch. The claim of the plaintiff/respondent is that he had been dealing in the business…

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