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PETITIONER: SANTOSH KUMAR
Vs.
RESPONDENT: BHAI MOOL SINGH
DATE OF JUDGMENT: 05/02/1958
BENCH: BOSE, VIVIAN BENCH: BOSE, VIVIAN DAS, SUDHI RANJAN (CJ) AIYYAR, T.L. VENKATARAMA SARKAR, A.K.
CITATION: 1958 AIR 321 1958 SCR 1211
ACT: Negotiable Instruments--Summary Suit on dishonouyed cheque -Application for leave to de fend-Triable issue-Failure to produce documentary evidence-If renders defence vague and not bona fide-Grant Of conditional leave-Discretion of Court, interference withCode of civil Procedure, 0. XXXVII,rr. 2 and 3.
HEADNOTE: The respondent filed a suit against the appellant under 0. xxxvII of the Code of Civil Procedure on the basis of a cheque for Rs. 60,000 drawn by the appellant in favour of the respondent which, on presentation to the Bank, had been dishonoured. The appellant applied under r. 3 Of 0. XXXVII for leave to appear and defend the suit on the ground that the cheque had been given only as a collateral security for the price of goods supplied, that the goods had been paid for by cash payments and by other cheques and that therefore the cheque in question had served its I54 1212 end and was without consideration. The Court held that the defence raised a triable issue but that the defence was vague and was not bona fide as the appellant had produced no evidence to prove his assertions and consequently granted leave to ...