Sushil Maan vs Rajesh Rana on 13 July, 2018

CORAM:
HON’BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

1. This Regular First Appeal under Section 96 of the Code

of Civil Procedure, 1908 (CPC) is filed by the defendant in the Order

XXXVII CPC suit impugning the Judgment of the Trial Court dated

13.2.2018 by which the trial court has dismissed the leave to defend

application filed by the appellant/defendant and decreed the suit filed

on the basis of dishonoured cheque for a sum of Rs.6,00,000/-.

2. The case of the respondent/plaintiff was that the

appellant/defendant was granted a friendly loan of Rs. 6,00,000/- on

Page 1 of 6
RFA No.526 of 2018
7.9.2015 and to secure which the appellant/defendant had issued a post

dated Cheque No. 324347 drawn on Punjab National Bank, Sector-10,

Dwarka, New Delhi dated 7.9.2016. Respondent/plaintiff did not

present the cheque for encashment on the request of the

appellant/defendant but ultimately on account of non-payment of the

dues the respondent/plaintiff issued the Legal Notice dated 2.2.2017

and thereafter filed the subject Order XXXVII suit.

Source: Indian Kanoon

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