SUNEEL DATTATRAYA MOGRE Vs. PRABHAKAR BABURAO THORAT

JUDGEMENT

(1.) The Plaintiff has filed the captioned Summary Suit for a decree for the sum of Rs.2,25,00,000.00 based on a dishonoured cheque bearing No.292136 dtd. 3/2/2021, drawn on TJSB Sahakari Bank Ltd. (the said cheque).

(2.) The facts set out in the Plaint are as follows: -

(3.) Mr. Mogre, at the very outset submitted that the Defendant had admitted his signature on the said cheque and had thus accepted his liability in respect of the same. He therefore submitted that the presumption under Sec. 139 of the Negotiable Instruments Act would squarely apply to the facts of the present case. In support of his contention, he placed reliance upon judgment of the Hon'ble Supreme Court in the case of Rangappa Vs. Sri Mohan,(2010) 11 SCC 441. in which, the Hon'ble Supreme Court held viz.,