Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2020 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (9) TMI 104 - MADRAS HIGH COURTDishonor of Cheque - Section 138 of Negotiable Instruments Act - suit for recovery of money with interest and costs - whether the plaintiff is entitled to decree as prayed for? - HELD THAT:- This Court is of the considered opinion that the plaintiff has established the fact that the defendant has admitted that he has issued a cheque for ₹ 17 lakhs. The cheque was presented by the plaintiff for encashment and was returned with an endorsement that the defendant has issued a 'stop payment' instruction. On verification, the plaintiff came to understand that sufficient funds were not available in the accounts of the defendant. This being the facts which are all admitted between the parties and in respect of other contention, there must be a proof to establish the same. In the absence of any clinching evidence, to disprove the said basic facts, the Trial Court has rightly proceeded with a finding that the plaintiff is entitled for the relief of recovery of money. On perusal of the entire findings, arrived by the Trial Court, which is in consonance with the document and evidence, this Court is of the opinion that there is no perversity or infirmity as such so as to interfere with the findings of the Trial Court - Appeal dismissed.
|