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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PANKAJ JAIN
Surinder Singh Vijay Kumar – Appellant
Versus
Balvir Singh – Respondent
JUDGMENT :
Pankaj Jain, J.
Defendants are in appeal against the judgment and decree dated 13.09.2019 passed by the District Judge, Ferozepur, whereby the judgment and decree dated 15.02.2019 passed by the Civil Judge (Junior Division), Zira stands reversed and the suit filed by the plaintiff seeking recovery of Rs.7,49,000/- along with future interest @ of 12% stands decreed.
2. Plaintiff filed suit seeking recovery of Rs.7,49,000/- against the defendants. Rs.7 lacs is stated to be the principal amount and Rs.49,000/- is claimed to be interest prior to filing of the suit.
3. As per the plaintiff, he used to sell his agricultural produce with defendant No.1-firm. Defendants used to issue 'J' forms regarding the agricultural produce sold. As per the running account, defendants were liable to pay a sum of Rs.7 lacs on 27.08.2015. In order to discharge his existing liability, defendant No.1-firm through its partner namely, Vijay Kumar issued cheque No.386218 dated 27.08.2015 and cheque No.386219 dated 10.09.2015. Both drawn on Oriental Bank of Commerce, Branch Zira for an amount of Rs.4 lacs and 3 lacs respectively. Plaintiff was assured by defendant No.2 Surinder Singh and Vijay Kumar t
The appellate court emphasized the necessity of concrete evidence to prove liability, reaffirming that misreading of evidence and delayed actions undermine claims.
Where the instrument has been obtained from its lawful owner, or from any person in lawful custody thereof, by means of an offence or fraud, or has been obtained from the maker or acceptor thereof by....
Partners' liability for acts done before dissolution of a partnership firm and the admissibility of a defense based on a dishonored cheque reflecting admitted liability.
The burden of proof rests on the complainant to establish the existence of a legally enforceable liability in cheque dishonor cases under the Negotiable Instruments Act. Failure to prove such liabili....
The court ruled it lacked jurisdiction over the case and returned the plaint for re-filing in the appropriate venue.
An admission of signature on a negotiable instrument creates a legal presumption of consideration, which must be rebutted effectively by the defendant.
A cheque issued in discharge of a legally enforceable liability constitutes basis for recovery under Section 138 of the N.I. Act, irrespective of prior acquittals in criminal cases.
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