Law: Negotiable Instruments Act, 1881

Section: 118

Law: Civil Procedure Code (V of 1908)

Section: 1,2

Negotiable Instruments Act (XXVI of 1881)--- ----S. 118---Civil Procedure Code (V of 1908), O. XXXVII, Rr. 1, 2---Recovery of money---Negotiable instrument---Expression “until the contrary is proved”---Scope---Presumption conclusive/rebuttable---Suit filed by respondent/plaintiff was decreed in his favour for recovery of Rs.4,000,000/- on the basis of Bank cheque which was dishonoured on presentation---Validity---Conclusive presumption was not envisaged under S. 118 of Negotiable Instruments Act, 1881, about drawing consideration etc. of negotiable instrument---Such presumption was rebuttable in nature and such was clear and obvious from the expression “until the contrary is proved” used in S. 118 of Negotiable Instruments Act, 1881---Respondent/plaintiff failed to prove his case as setup and that as to why he had paid a huge amount of Rs. 4,000,000/- to appellant/defendant simply on his request who had no blood or family relationship with him---High Court reversed findings of Trial Court on relevant issues and the same were decided in favour of appellant/defendant---High Court set aside and decree passed by Trial Court, as it failed to appreciate evidence on record and committed an error while passing and decree---Appeal was allowed, in circumstances. Date of hearing: 28th September, 2021. JUDGMENT SAFDAR SALEEM SHAHID, J.---Against the judgment and decree dated 10.11.2020 passed by learned Addl. District Judge Hasilpur, whereby suit filed by respondent/plaintiff for recovery of 40,00,000/- on the basis of cheque under Order XXXVII, Rules 1, 2, C.P.C. was decreed, instant appeal has been preferred. 2. The brief facts of the case are that respondent/plaintiff filed the aforesaid suit against the appellant/defendant on the basis of cheque No.82485952 dated 22.10.2015 pertaining to Habib Metropolitan Bank Ltd, Hasilpur issued by the appellant/defendant with the assertion that there was cordial business relations between the parties inter-se; that in the month of November, 2015 the appellant/defendant came to respondent/plaintiff and demanded an amount of Rs. 40,00,000/- in order to meet his personal needs for sending some persons to Saudi Arabia; that the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492