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---Suit for recovery of money on the basis of negotiable instrument---Leave to defend the suit---Conditional order---Non-compliance---Tempering of cheques---Proof---Appellant/defendant was granted leave to defend the suit subject to furnishing solvent surety---Appellant/defendant failed to furnish the surety, resultantly the suit was decreed against him---Contention of appellant/defendant was that the cheques were tempered---Validity---There was no documentary evidence to corroborate such position---Appellant/defendant sought cancellation of underlying agreement which was the basis of his suit for cancellation but such plea did not lie in summary suit---High Court declined to interfere in judgment and decree passed by Trial Court as the same was well-reasoned and proof of dishonored cheques was annexed with plaint---Trial Court rightly observed that presumption regarding cheques in question under S. 118 of Negotiable Instruments Act, 1881, was to be admitted---Appeal was dismissed, in circumstances. JUDGMENT JAWAD AKBAR SARWANA, J.---The Appellant/Defendant ("Muhammad Muzammil"/"Muzammil") has filed First Appeal No.61 of 2023 under section 96, C.P.C. aggrieved by the IXth Additional District and Sessions Judge (MCAC) Karachi East (the "trial court") impugned judgment and decree dated 29.04.2023 passed in Summary Suit No.162/2022. 2. The brief facts of the First Appeal are that in 2021, the Respondent/Plaintiff ("Khurram Saeed"/"Khurram") extended a loan of Rs.5,000,000 to Muzammil, who defaulted on the loan repayment. Thereafter, Muzzammil issued two cheques of Rs.2,500,000 each drawn on Bank AL Habib Limited favouring Khurram. When both the cheques were dishonoured/bounced, Khurram filed Summary Suit No.162/2022 against Muzammil on 28.11.2022. Muzammil contested the Suit and applied for leave to defend. On 22.03.2023, the trial court granted conditional leave to defend to Muzammil subject to furnishing solvent surety of Rs.5,000,000 within three weeks' time. Muzammil did not submit surety within the specific time. On 17.04.2023, the trial court…

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