MANHERLAL C SHAH Vs. HATIMBHAI ABBASBHAI SAIFEE

JUDGEMENT

(1.) THE plaintiff have filed this suit on the basis of document at Exhs. 'a' and 'b' both dated 9th December, 1999. According to the plaintiffs, the defendant is the drawer of these documents which the plaintiffs claim to be the bills of exchange. The drawee of these bills of exchange is one Mr. Mitesh S. Shah, when the bills of exchange were presented to the drawer he refused to accept. Therefore, the bills of exchange were dishonoured. The drawer was called upon to make the payment. Hence this suit is instituted.

(2.) ACCORDING to the defendant, the document at Exhs. 'a' and 'b' are the fabricated documents. However, it is pertinent to note that the defendant admits his signature on the documents at Exhs. 'a' and 'b'. There is no explanation to be found in the reply as to how the plaintiffs came into possession of the said bills of exchange signed by the defendant. The defendant has stated in paragraph 11 of his reply.

(3.) TAKING overall view of the matter, it appears that the attempt of the defendant is to deny the entire transaction. In my opinion, it is not possible to believe, in the absence of any explanation, as to how the plaintiffs came into possession of the signed blank bills of exchange. Taking overall view of the matter, in my opinion, it cannot be said that the defence put up by the defendant has any substance. There is no other defence put up by the defendant.