Held: The respondent claims that the impugned cheque was issued for the discharge of obligation pertaining to a particular transaction in respect of which the respondent has not given any specific date, however, the amount was admittedly cleared and the same was recorded in voucher No.JRV 27 dated 05.12.2016, which is precisely the stance/defence of the appellant in the present case. This admission on part of the respondent/plaintiff was made during the criminal proceedings and the said statement was brought on record as Exh.D-1 before the Trial Court which has been erroneously ignored. The said statement constitutes probable defence and the presumption of correctness attached to the impugned cheque was successfully refuted by the appellant.
Regular First Appeal-
Order XXXVII CPC
258-22
MALIK MUHAMMAD ASHRAF VS
MUHAMMAD ASIF ETC
Mr. Justice Anwaar Hussain
23-02-2024
2024 LHC 998
0 Comments