SURINDER RAI Vs. MOHD. HASIM

JUDGEMENT

(1.) This is an application under Sec. 5 of the Limitation Act for condonation of delay of 51 days in filing the accompanying revision petition. For the reasons stated in the application, the application is allowed and delay of 51 days in filing the accompanying revision petition is condoned.

(2.) Learned counsel for the petitioner has primarily raised two arguments to challenge the said judgments. The first argument raised is that the brother of the petitioner had entered into a partnership with the complainant and at the time of entering into the said partnership, the present petitioner had given a blank signed cheque for the purpose of security and the said cheque was not issued for the discharge of any legally enforceable debt. The second argument, which has been raised, is that although, as per the case of the complainant, the loan amount which was given by the complainant was to the tune of Rs.3.00 lacs, whereas the cheque in question was issued for an amount of Rs.2,81,000.00 and the said fact would show that the case set up by the complainant is false inasmuch as, no one would issue a cheque for an amount of Rs.2,81,000.00 in case the loan given was for an amount of Rs.3.00 lacs.

(3.) This Court has heard learned counsel for the petitioner and has perused the paper book.