| Case ID |
1368c636-e724-48b8-8f56-eeb00e9dd978 |
| Body |
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| Case Number |
R.F.A. No. 14 of 2018 |
| Decision Date |
Sep 28, 2021 |
| Hearing Date |
Sep 20, 2021 |
| Decision |
The Balochistan High Court dismissed the appeal brought forward by the appellant/defendant, who contested the trial court's decree for recovery of Rs. 20,80,820/- based on a dishonored cheque. The court found the plaintiff's claims credible and supported by sufficient evidence, while the defendant's assertions were deemed contradictory and lacking in substantiation. The court emphasized the presumption of consideration in negotiable instruments, placing the burden of proof on the defendant to disprove the issuance of the cheque. The appeal was found to lack merit and was dismissed without any order as to costs. |
| Summary |
In the case of R.F.A. No. 14 of 2018, decided by the Balochistan High Court, the court examined the legal principles surrounding negotiable instruments, specifically focusing on Section 118 of the Negotiable Instruments Act, 1881. The plaintiff, Ahmed Shah, filed a suit for recovery against the defendant, Asad Javed, based on a dishonored cheque worth Rs. 20,80,820/-. The court found that the defendant's claims of theft regarding the cheque were unsubstantiated, as he failed to provide credible evidence that the cheque was not issued to the plaintiff. The ruling underscored the importance of the presumption of consideration in negotiable instruments, which mandates that the defendant must prove otherwise when such a cheque is presented in court. Ultimately, the High Court upheld the trial court's decision, reinforcing the legal standards for negotiable instruments and the burden of proof required in such financial disputes. This case serves as a crucial reference for understanding the obligations of parties involved in financial transactions and the legal implications of dishonored cheques. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD KAMRAN KHAN MULAKHAIL,
ROZI KHAN BARRECH
|
| Lawyers |
Mrs. Zarghoon Barreach,
Khurram Javed Malik
|
| Petitioners |
AHMED SHAH
|
| Respondents |
ROZI KHAN BARRECH,
MUHAMMAD KAMRAN KHAN MULAKHAIL
|
| Citations |
2022 SLD 2123,
2022 CLD 332
|
| Other Citations |
Not available
|
| Laws Involved |
Negotiable Instruments Act, 1881,
Civil Procedure Code (V of 1908)
|
| Sections |
118,
2
|