KRISHAN CHAND SHARMA Vs. ALTAFUR RAHAMAN

JUDGEMENT

(1.) [Via VIDEO CONFERENCING]

(2.) The petitioner/defendant and respondent/plaintiff have business dealings as the petitioner/defendant used to purchase raw materials/chemicals used in the manufacturing of toys in his factory from the respondent/plaintiff. The suit was filed under Order XXXVII when two cheques issued by the petitioner for Rs.6,34,000/- and Rs.1,35,000/- were dishonoured. According to the respondent/plaintiff, these cheques were issued towards an outstanding sum of Rs.10,09,502/- payable by the petitioner/defendant towards raw materials purchased by him on credit. The suit is for the said sum of Rs.10,09,502/-.

(3.) In the impugned order, the learned Trial Court has noted that the petitioner/defendant had questioned the authenticity of the two cheques and had also stated that he had not received any goods in terms of the invoices as detailed in para No.6 of the impugned order and that the invoices 2 to 5 were forged and did not bear his signatures. It also noted that that though there was no interpolation seen in the amounts mentioned in words, the alterations in figures were alleged to be writ large. On a consideration of these submissions on behalf of the petitioner/defendant, it found it appropriate to hold that the defence raised by the petitioner/defendant could at best be described as plausible, therefore, the petitioner/defendant was found entitled to conditional leave to defend the suit.