Law: Contract Act, 1872

Section: IX,126

Law: Negotiable Instruments Act, 1881

Section: XXVI,6,118

Law: Civil Procedure Code (V of 1908)

Section: XXXVII,1,2

Contract Act (IX of 1872)--- ----S. 126---Negotiable Instruments Act (XXVI of 1881), Ss. 6 & 118---Civil Procedure Code (V of 1908), O.XXXVII, Rr. 1 & 2---Suit for recovery of amount---Dishonored cheque---Terms contract of guarantee , surety , principal debtor and creditor ---Guarantee cheque---Proof---Suit filed by respondent / plaintiff was decreed against appellant / defendant as the cheque given by him was dishonored on presentation---Contention of appellant / defendant was that the cheque issued by him was of guarantee---Validity---There are three distinct parties in a contract of guarantee: the surety, the principal debtor, and the creditor ---Appellant/defendant did not qualify either as a surety or a third-party guarantor but he squarely fell within the definition of the principal debtor --Subject cheque, was a negotiable instrument under S. 6 of Negotiable Instruments Act, 1881 and was governed by the statutory presumptions enshrined in S. 118 of Negotiable Instruments Act, 1881---No material illegality, irregularity, misreading, or non-reading of evidence was pointed out by appellant/defendant---Trial Court rightly appreciated the evidence and correctly applied settled legal principles in decreeing the suit under O.XXXVII, C.P.C.--High Court declined to interfere in judgment and decreed passed against appellant / defendant---Appeal was dismissed, in circumstances. Muhammad Azizur Rehman v. Liaquat Ali 2007 SCMR 1820; Haji Karim and another v. Zikar Abdullah 1973 SCMR 100; Rab Nawaz Khan v. Javed Khan Swati 2021 SCMR 1890; Muhammad Arshad and another v. Citibank N.A. Lahore 2006 SCMR 1347; Col. (Retd.) Ashfaq Ahmed and others v. Sh. Muhammad Wasim 1999 SCMR 2832; Najaf Iqbal v. Shahzad Rafique 2020 SCMR 1621; Messrs State Engineering Corporation Ltd. v. National Development Finance Corporation and others 2006 SCMR 619; Khizar Hayat v. Malik Akhtar Mehmood 2024 SCMR 1208; Bazm-e-Salat and others v. Messrs United Bank Ltd PLD 1989 Kar. 150; ICDS Ltd. v. Beena Shabbeer and another (2002) 6 SC Cases 426; Muhammad Akhtar v. Zahar Khan 2006 CLD 737 and Muhammad Nawaz v. Qazi Muhammad Rashid 2018 CLD 104 ref. Date of hearing: 19th June, 2025. JUDGMENT…