2008 PLP 1578 (CLC)

MUSHIR ALAM, J.

This is a suit for recovery of Rs.41,14,852 based on dishonored cheques. Defendant was served through publication in daily Nawa-i-Waqat dated 21-12-2006 but none chose to appear. This case was fixed for final disposal on 27-8-2007. On examining the record, it transpired that promissory note dated 14-9-2002 in the sum of Rs.16,81,129 is purportedly signed. by the defendant. It was also noted that the Cheques as Annexures "C-4" to "C-14", "C-18" and "C-19" were not presented for encashment, therefore, the plaintiffs were called upon to explain as to when cheques which were not presented could not be made basis for recovery proceedings under summary chapter. Today Mr. Muhammad Tasnim, learned counsel for plaintiffs appeared and conceded the position that the cheques, which were not presented the plaintiffs do not press the claim covered by such cheques for the time being. As regards Cheque dated 10-8-2003 in the sum of Rs.50,000 (Annexure "C/21" to the plaint), learned counsel for the plaintiffs concedes that though the same was dishonored, has not been issued by the defendant but by one Syed Najrnul Hassan Haider/Syed Najmul Ain Haider. It was conceded that the last mentioned cheque (Annexure "C/21") could not be made the basis for recovery proceedings against the present defendant. It is the case of plaintiffs that the plaintiffs being a manufacturer of Ghee and Cooking Oil extended loan of Rs.20,00,000 to the defendant and further a sum of Rs.16,81,129 was advanced by the plaintiffs to the defendant against the promissory note and receipt of the same date. It is further case of the plaintiffs that during the period from January, 2002 to August, 2003 the plaintiffs supplied various consignments of ghee and cooking oil to the defendant against payees account cheque. It is the case of plaintiffs that on presentation all the cheques were dishonored, therefore, the instant suit for recovery of amount covered by the promissory note and the dishonored cheques. As noted in the narrative above, the cheques as Annexures "C-4" to "C-14", "C-18" were never presented to the Bank. Unless a cheque is presented for payment within a reasonable time of its issue, no right to recover the amount accrues. For reference see section 84 of the Negotiable Instruments Act, 1881. The instant suit is not contested on merits, therefore, in view of the foregoing, the plaintiffs are entitled to recover the amount covered by the promissory note i.e. Rs.16,81,129 and the amount covered by the cheques as tabulated given below:

Sr. No. Name of Bank Cheque Number Date Amount

1. MCB Tariq Road Branch, PECHS, Karachi. 2386331 17-7-2002 Rs.1,11,000 2. -do- 2386333 19-1-2b02 Rs.1,00,000 3. -do- 2386334 20-1-2002 Rs.1,25,000 4. -do- 2386345 20-1-2002 Rs.94,500 5. -do- 3129932 17-3-2002 Rs.2,00,000 6. -do- 3129933 21-3-2002 Rs.2,00,000 7. -do- 3129934 30-3-2002 Rs.2,42,503

8. MCB Kutchi Memon Society Branch, Amir Khusro Road, Karachi. 0155302 28-4-2003 Rs.50,000 Total: 10,12,003 Accordingly, the suit is decreed to the extent of amount covered by the promissory note i.e. Rs.16,81,129 and the cheques i.e.Rs.10,12,003 as shown in the above schedule total sum of Rs.26,93,

132. Let the decree be prepared in accordance with law. H.B.T./A-91/K Suit decreed.