BAL KRISHAN RAWAT Vs. GIAN LAL

JUDGEMENT

(1.) A Civil Suit filed by the appellant against the respondent for recovery of Rs.4,08,000/- has been concurrently dismissed by both the learned Courts below. Hence, instant second appeal has been preferred.

(2.) Records of the case have been received. The appeal was admitted on following substantial questions of law:- 1. Once issuance of cheque is admitted, signatures thereon are not disputed and having regard to legal presumption under sections 118 and 139 of Negotiable Instrument Act, whether the findings of Ld. Courts below holding that plaintiff failed to prove the transaction between him and defendant are legally sustainable? 2. In the absence of specific evidence led by defendant qua maintainability of suit in terms of section 3 of H.P. Registration of Money Lenders Act, Whether the findings of Ld. Court below holding that the suit is barred by section 3 of H.P. Registration of Money Lender Act is legally sustainable?

(3.) Evidence