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2017 (12) TMI 288 - HC - Indian LawsSuit for recovery along with interest - dishonour of cheques - Held that:- Trial court in our opinion is justified in dismissing the leave to defend application because in the statement recorded by the appellant/defendant in the Section 138 of Negotiable Instruments Act proceedings, the appellant/defendant on 15.2.2013 in response to a court question stated that cheques in question bear the signatures of the appellant/defendant and that the appellant/defendant did not know how the cheques came to the possession of the complainant (i.e plaintiff in the subject suit), whereas a different stand was taken in the leave to defend application filed by the appellant/defendant that the subject cheques were given to Sh. Brij Bhushan and not to the respondent/plaintiff and that Sh. Brij Bhushan appeared to have illegally given the subject cheques to the respondent/plaintiff. The cheques are the cheques of the appellant/defendant. The cheques do bear the signatures of the appellant/defendant. The appellant/defendant pleaded that the cheques were given in blank to Sh. Brij Bhushan but this defence has been rightly found by the trial court to be a complete moonshine and this Court has given an additional reason that if there was a compromise between Sh. Brij Bhushan and the appellant/defendant, then, there was no reason why at the time of compromise, the appellant/defendant would not have taken the cheques from Sh. Brij Bhushan way back in January, 2011. The leave defend application was thus rightly dismissed by the impugned judgment.
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