RSA-4652-2018 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

RSA-4652-2018 (O&M)

Date of decision : 10.12.2018

Suresh Kumar

... Appellant

Versus

Joginder Kumar

... Respondent

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Sudhir Rana, Advocate

for the appellant.

***

AMIT RAWAL, J.

The appellant-defendant has not been successful in defending

the suit for recovery of `6,20,000/- long with interest @ 18% per annum on

account of dishonor of cheque bearing No.114702 dated 03.12.2011.

Learned counsel appearing on behalf of the appellant-defendant

submitted that a complaint filed in lieu of dishonor of cheque, was

dismissed on account of delay. The cheque bearing the next leaves number

was filled by brother-in-law, the same was also dishonored. The plaintiff

miserably failed to prove the financial capacity. Even a complaint to the

police was made, but did not yield any result, therefore, in all probability,

the blanks cheques have been misused.

I am afraid the aforementioned argument is not sustainable, for,

there is presumption as per the provisions of Section 118 of the Negotiable

Instruments Act. For the sake of brevity, Section 118 of t