Law:

Section:

Civil Procedure Code (V of 1908)--------O. XXXVII, R.3 & O.XLI, R.5---Constitution of Pakistan (1973), Art.185(3)---Appeal against decree passed in suit for recovery of amount of dishonoured cheques---High Court suspended operation of decree subject to furnishing by appellant-Bank guarantee equal to decretal amount---Validity---Appellant had not denied issuance of cheques of different amounts on different dates---High Court had not committed illegality in passing impugned order---Supreme Court dismissed petition and refused leave to appeal. Sardar Muhammad Latif Khan Khosa, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Muhammad Rafiq Rajwana, Advocate Supreme Court with C.M. Latif, Advocate-on-Record for Respondent. Date of hearing: 20th January, 2003. ORDER TANVIR AHMED KHAN, J.---Leave to appeal is sought against an interim order of the Lahore High Court whereby suspending the operation of the impugned decree the learned High Court directed the petitioner to furnish bank guarantee equal to the decretal amount. 2. We have considered the contentions raised by the learned counsel for the petitioner and have gone through the documents appended with this petition. It is reflected from the perusal thereof that the petitioner issued four cheques on different dates whereby he agreed, to pay Rs.48,11,000 in toto. These cheques were presented by the respondent but the same were dishonoured because of the deficit amount in the account. The…

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