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2023 Supreme(Bom) 583

ARIF S. DOCTOR
Suneel Dattatraya Mogre – Appellant
Versus
Prabhakar Baburao Thorat – Respondent


Advocates Appeared:
For the Plaintiff : Mr. Suneel D. Mogre, Plaintiff in person is present.
For the Defendant : Mr. Rohan Savant a/w Akansha Saxena i/by Sanjay Gawde.

JUDGMENT :

1. The Plaintiff has filed the captioned Summary Suit for a decree for the sum of Rs.2,25,00,000/- based on a dishonoured cheque bearing No.292136 dated 3rd February 2021, drawn on TJSB Sahakari Bank Ltd. (the said cheque).

2. The facts set out in the Plaint are as follows: -

    i. The Plaintiff and the Defendant are both Advocates who met each other through a common acquaintance. The Defendant, it is stated, carries on the business of the land development, construction and real estate in the name and style of a sole proprietorship concern known as M/s. Sai Venkata Buildwell. It is stated that between the years 2006 to 2012, the Plaintiff had some dealings with the Defendant in respect of purchase of certain properties.

ii. It is stated that on 3rd February 2021, the Defendant issued to the Plaintiff the said cheque for valuable consideration.

iii. On 27th April 2021, the Plaintiff deposited the said cheque with the Saraswat Co-operative Bank Ltd., Mazgaon, Mumbai branch for realization. At the time of deposit, it was noticed that the amount mentioned in figures on the said cheque was Rs.2,25,000/- instead of Rs.2,25,00,000/-. The amount in words was however correctly stated

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