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1984 Supreme(Bom) 118

SHARAD MANOHAR
Sitaram Laxminarayan Rathi – Appellant
Versus
Sitaram Kashiram Koli & others – Respondent


JUDGMENT - SHARAD MANOHAR, J.:---The short question that arises in this revision application is whether a post dated cheque is a negotiable instrument within the meaning of the Bombay Money Lenders Act.

2. The relevant facts are as follows :---

On 19-5-1973, a sum of Rs. 1,500/- was purported to be advanced by the petitioner (hereinafter "the plaintiff") to respondent No. 1 acting on behalf of the respondents (hereinafter "the defendants"). Admittedly the amount was paid against three post dated cheques of Rs. 5000/- each but the total amount actually paid was not Rs. 1,500/- but Rs. 1,410/- only. A sum of Rs. 90/- was purported to be deducted as commission payable by the defendants to the plaintiffs. However, it is fairly conceded by Mr. Soni, the learned Advocate appearing before me for the petitioner that this was in fact a deduction of interest in advance. But his explanation is meaningless because if the interest was deducted even before the advance was made it only means that the sum advanced was the lesser amount. Mr. Soni conceded this position and the entire petition was argued on the basis that what was advanced by the plaintiff to the defendants against the three post-dat






















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