K.A.MAJEED Vs. P.M.JAFFER

JUDGEMENT

(1.) THE second defendant in a suit for recovery of money based on dishonoured cheques is the appellant in this appeal against the judgment by which the learned single Judge dismissed his appeal under Section 96 of the Code of Civil Procedure.

(2.) THE plaintiff sued on the basis of the dishonour of Exts. A1 and A2 cheques. The defendants set up the case of having issued those cheques in discharge of money due to the plaintiff's father on account of transactions in rubber and that the amounts due under those cheques were actually discharged by payment to DW3, the father of the plaintiff. The court below disbelieved that version and found no shred of material that showed that the debt arising out of the dishonoured Exts. A1 and A2 cheques was discharged. The plea of the defendants that the cheques were not supported by consideration was also found against.

(3.) HEARING the learned counsel for the appellant on the various aspects based on the evidence and materials in this intra-court appeal under Section 5 of the High Court Act, we see no room to interfere with the finding that the cheques were supported by consideration. The obligatory presumption under Section 118 of the Negotiable Instruments Act stands to support those two cheques. There is no material evidence, presumption or legitimate inference, which could be treated to have dislodged that presumption.