| Case ID |
38a55d17-7cff-40d2-a328-cc9c864915ac |
| Body |
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| Case Number |
1st Civil Appeal No. S-01 of 2010 |
| Decision Date |
Mar 31, 2017 |
| Hearing Date |
Feb 20, 2017 |
| Decision |
The appeal was dismissed as the appellant, who had issued a cheque, failed to prove any wrongdoing regarding its issuance. The court found that the cheque was a valid negotiable instrument that was dishonored by the bank, and the defendant's claims about the cheque being stolen were unsubstantiated. The trial court's judgment was upheld, confirming the plaintiff's right to recover the amount specified in the cheque. |
| Summary |
In this case, the Sindh High Court dealt with an appeal concerning a summary suit based on a dishonored cheque. The appellant, Wash Dev, contended that the cheque was not valid due to claims of theft and fraud by a partner. However, the court emphasized the importance of the cheque as a negotiable instrument and the appellant's failure to provide evidence supporting his claims. The judgment underscored the legal principles surrounding negotiable instruments, particularly the implications of issuing a cheque and the obligations of the drawer. The court reaffirmed that the mere assertion of theft does not absolve the issuer of the cheque from their responsibilities. This case highlights the critical role of documentation and evidence in financial disputes, especially in matters involving dishonored cheques. The decision serves as a reminder for parties involved in financial transactions to maintain clear records and to address disputes promptly to avoid legal complications. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD SALEEM JESSAR
|
| Lawyers |
Bashir Ahmed Dargahi,
Gulab Rai 'C' Jesrani
|
| Petitioners |
WASH DEV
|
| Respondents |
GANESO MAL
|
| Citations |
2018 SLD 457,
2018 CLD 123
|
| Other Citations |
Mohammad Abdullah v. Mohammad Aslam 2014 CLC 1205,
Abdul Rasheed v. Syed Fazal Ali Shah 2016 SCMR 2163,
Taj Muhammad Khan v. Munawar Jan 2009 SCMR 598,
Saadat Sultan v. Muhammad Zahur Khan 2006 SCMR 193
|
| Laws Involved |
Negotiable Instruments Act, 1881,
Civil Procedure Code (V of 1908)
|
| Sections |
118,
2,
3
|