Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. XXXVII, Rr.2 & 3---Suit for recovery of amount on basis of promissory note and dishonored cheques---Plaintiffs claimed that they extended loan to defendant and on presentation, all the cheques were dishonoured---Suit was not contested by- the defendant on merits---Plaintiffs, in circumstances were entitled to recover the amount covered by the promissory note and the cheques---Suit was decreed accordingly. (b) Negotiable Instruments Act (XXVI of 1881)--- ----S. 84---Non-presentation of cheque---Effect---Unless a cheque was presented for payment within a reasonable time of its issue, no right to recover the amount would accrue. JUDGMENT MUSHIR ALAM, J.---This is a suit for recovery of Rs.41,14,852 based on dishonoured cheques. Defendant was served through publication in daily Nawa-i-Waqat dated 21-12-2006 but none choose to appear. This case was fixed for final disposal on 27-8-2007. On examining the record, it transpired that Promissory Note dated 14-9-2002 in the sum of Rs.16,81,129 is purportedly signed by the defendant. It was also noted that the Cheques as Annexures "C-4" to "C-14", "C-18" and "C-19" were not presented for encashment, therefore, the plaintiffs were called upon to explain as to when cheques which were not presented could not be made basis for recovery proceedings under summary chapter. Today Mr. Muhammad Taspim, learned counsel for plaintiffs appeared and conceded the position that the cheques, which were not presented the plaintiffs do not press the claim covered by such cheques for the time being. As regards Cheque dated 10-8-2003 in the sum of Rs.50,000 (Annexure "C/21" to the plaint), learned counsel for the plaintiffs concedes that though the same was dishonoured, has not been issued by the defendant but by one Syed Najmul Hassan Haider/Syed Najmul Ain Haider. It was conceded that the last mentioned cheque (Annexure "C/21") could not be made the basis for recovery proceedings against the present defendant. It is the case of plaintiffs that the plaintiffs being a manufacturer of Ghee and Cooking Oil extended loan of Rs.20,00,000 to the defendant and further…

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