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2018 (1) TMI 311 - HC - Indian LawsCheque bounced - Recovery of money / dues - Section 138 of the Negotiable Instruments Act - In the absence of any privity of contract between the plaintiff and the predecessor of the defendants, or the necessary proof as to the existence of any legally valid debt or liability in favour of the plaintiff, whether the Courts below are correct in decreeing the suit of the plaintiff for recovery of money? - Held that: - the plea of the defendants that there is no proof of valid contract between the plaintiff and deceased B.Ramaiah as to the execution of Ex.A1, when it is found that the defendants have failed to establish that Ex.A1 Panchayat Muchilika, involved in the matter had been obtained by the plaintiff by threat, duress and coercion and when it is further found that the Panchayat Muchilika, Ex.A1 had come to be executed by the parties only in connection with the debt due from B.Ramaiah to the plaintiff, in connection with the business transactions and it is accordingly seen that Courts below have rightly assessed the materials placed on record, both oral and documentary evidence in the correct perspective, factually as well as legally and had rightly come to the conclusion that the Panchayat Muchilika Ex.A1, is a true and valid document and binding on the defendants, as the legal heirs of the deceased B.Ramaiah. The very fact that, one of the cheques had been honoured as put forth by the plaintiff and when the same also is admitted by the defendants' and when till date the defendants have not endeavored to lay any action against the plaintiff for the obtainment of the amount received by the plaintiff under the said cheque also would go to show that inasmuch as the cheques in question were issued by B.Ramaiah for the outstanding amount due from him to the plaintiff, it is seen that no further concrete action had been initiated by the defendants as regards the encashment of the one cheque by the plaintiff. The substantial questions of law formulated in the second appeal are answered against the defendants and in favour of the plaintiff - appeal dismissed.
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