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2017 (8) TMI 341 - HC - Indian LawsSuit for recovery along with interest - outstanding dues - fuel/diesel purchased by the appellant/defendant no. 1 from the respondent/plaintiff who owns a retail petrol pump outlet of Bharat Petroleum in Delhi - Held that:- No fault can be found with the reasons, discussion and conclusion of the trial court holding that the appellant/defendant no.1 who was in transportation business and owned trucks used to purchase fuel from the respondent/plaintiff’s petrol pump and that he did not clear the outstanding dues as found in the invoices Ex.PW1/2 to Ex.PW1/9. The trial court also was justified in holding that the security cheque was properly presented to recover the outstanding amount and that a presumption was raised of the cheque being issued for consideration as per the Negotiable Instruments Act and which was not rebutted as per the evidence led by the appellant/defendant no.1. Trial court has rightly observed that witness of the respondent/plaintiff was not cross-examined for any alleged inflation of the bills and that on preponderance of probabilities as per the evidence on record the appellant/defendant no.1 had purchased fuel on credit basis. Once two possible views arise as per the record of the trial court, and the trial court has taken one possible and acceptable view, unless such a view is illegal or perverse this Court will not interfere with the said findings and conclusion of the trial court. We cannot agree with the arguments urged on behalf of the appellant/defendant no.1 because invoices Ex.PW1/2 to Ex.PW1/9 are in the nature of serialized details of invoices, however, these documents Ex.PW1/2 to Ex.PW1/9 are definitely the copies of the bill books maintained by the respondent/plaintiff and which is typical of petrol pump business. Slips of payment with respect to petrol purchase are issued but thereafter the bills are reflected in a bill book containing the details of the invoices issued and therefore do not find any illegality in the conclusion of the trial court holding that Ex. PW1/2 to Ex.PW1/9 are the unpaid invoices i.e serialized details of the unpaid invoices. The appellant/defendant no.1 is in transportation business and whose trucks took fuel from the respondent/plaintiff, which was not paid for and therefore the respondent/plaintiff had to deposit the security cheque towards recovery of the outstanding amount and which was dishonored on presentation and therefore the subject suit came to be filed. Appeal dismissed.
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