Law: Civil Procedure Code (V of 1908)

Section: 1,2

Law: Negotiable Instruments Act, 1881

Section: 118

Civil Procedure Code, 1908 (V of 1908)-- ----O.XXXVII Rr. 1 ,  2--Suit for recovery--Dishonouring of cheque--Issuance of dishonour slip by bank--Admission of cheque and signatures by appellant--Non-producing of evidence regarding fraud--No FIR was registered regarding misplacing of cheque--Invalid tendering of invalid documentary evidence--Challenge to--Appellant admitted cheque in question pertaining to his cheque book bearing Account No. 1404-4 of National Bank of Pakistan and also admitted signatures on said cheque--Defensive assertion of appellant regarding fraud remained unproved as he has neither produced any evidence in respect of fraud nor lodged an application or got registered an FIR regarding his misplaced cheque before Police Station--Appellant has failed to prove his case through convincing, concrete and trustworthy evidence--Appellant got produced his entire documentary evidence in statement of his counsel which is an invalid tender of documentary evidence and cannot be taken into consideration as law requires that such documentary evidence should be produced by party itself--Counsel for appellant has not been able to point out any illegality or material irregularity, misreading and non-reading of evidence in impugned ,  decree passed by trial Court and has also not identified any jurisdictional defect--Appeal dismissed. Negotiable Instruments Act, 1881 (XXVI of 1881)-- ----S. 118--Legal presumption--Obligation of--A strong legal presumption is attached to issuance of negotiable instrumentagainst consideration and appellant was placed under heavier obligation to dislodge above presumption by producing extraordinary trustworthy corroborative evidence.[P. 199] C 2020 SCMR 1621 ref. ORDER Through this Regular First Appeal, the appellant has challenged the legality of judgment and decree dated 28.03.2009 passed by the learned Addl. District Judge, Vehari who decreed the suit for recovery of Rs. 13,35,000/- under Order XXXVII Rules 1 2, CPC filed by the respondent. 2. Brief facts of the case are that the respondent/plaintiff filed suit for recovery of Rs. 13,35,000/-on the basis of dishonoured Cheque No. 133282 dated 25.07.2005 of Account No.…

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