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TMI Blog2025 (3) TMI 893X X X X Extracts X X X X X X X X Extracts X X X X ..... ed counsel for both sides and examined the record. 3. Briefly stated, circumstances leading to the present appeal are as follows. 3.1 The present respondent filed a summary suit for recovery of Rs.14,04,000/- against the appellant, pleading that being tourist guide by profession, he was introduced with the appellant by their common friend; that the appellant allured him to invest money in some profitable venture, so he paid a total sum of Rs.14,04,000/- to the appellant in multiple installments during the period from 16.01.2013 to 27.01.2014; that thereafter, the appellant started avoiding him as regards the said investments and finally, on being persuaded, the appellant issued four post dated cheques in the month of May, 2015 in his favo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eed. 3.5 Hence, the present appeal. 4. During arguments today, learned counsel for appellant contends that the impugned judgment and decree are not sustainable in the eyes of law because there was no legally enforceable debt insofar as even according to the respondent, the money paid by him to the appellant was for investment. Learned counsel for appellant also contends that pleadings of the appellant clearly raised a triable issue as to whether the cheques in question were obtained under coercion after abducting and illegally detaining the appellant. No other argument has been advanced. 5. On the other hand, learned counsel for respondent supports the impugned judgment and decree and also submits that the appellant had issued cheques in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er 37 to refuse leave to defend or to grant conditional or unconditional leave to defend is a discretion akin to Joseph's multi-coloured coat - a large number of baffling alternatives present themselves. The life of the law not being logic but the experience of the trial Judge, is what comes to the rescue in these cases; but at the same time informed by guidelines or principles that we propose to lay down to obviate exercise of judicial discretion in an arbitrary manner. At one end of the spectrum is unconditional leave to defend, granted in all cases which present a substantial defence. At the other end of the spectrum are frivolous or vexatious defences, leading to refusal of leave to defend. In between these two extremes are various ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sions to assist expeditious disposal of commercial causes is not defeated. Care must also be taken to see that such triable issues are not shut out by unduly severe orders as to deposit or security. 17.4. If the defendant raises a defence which is plausible but improbable, the trial Judge may impose conditions as to time or mode of trial, as well as payment into court, or furnishing security. As such a defence does not raise triable issues, conditions as to deposit or security or both can extend to the entire principal sum together with such interest as the court feels the justice of the case requires. 17.5. If the defendant has no substantial defence and/or raises no genuine triable issues, and the court finds such defence to be friv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as regards the cheques in question, admittedly drawn by the appellant were towards repayment of the money invested by the respondent. As mentioned above, there is not even shred of material to show that the said cheques were not voluntarily issued by the appellant. Merely because the appellant opted not to initiate proceedings under Section 138 Negotiable Instruments Act, his right to claim recovery of money through this suit cannot get defeated. 9. The above conspectus shows that the appellant has no substantial defence and raises no genuine triable issues; rather, the defence raised by the appellant is completely frivolous and vexatious. 10. I am unable to find any infirmity in the impugned judgment and decree, so the same are upheld. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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