R.S.A. No. 1189 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No. 1189 of 2008 Date of decision: September 02, 2008 Bhajan Singh ..Appellant v. Beant Singh .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. B. S. Bhalla, Advocate for the appellant. .. Rajesh Bindal J. The defendant-appellant (hereinafter described as `the defendant') is in appeal against the concurrent findings of fact recorded by both the Courts below, whereby suit filed by the plaintiff-respondent (hereinafter described as `the plaintiff') for recovery of Rs. 1,00,000/- was decreed. Briefly, the facts as noticed in the judgments of the Courts below are that the defendant took interest free loan of Rs. 1,00,000/- from the plaintiff and for repayment thereof issued a cheque bearing No. 0909891. The cheque was presented for encashment but was dishonoured on 16.6.2004. In spite of request by the plaintiff, the amount was not paid by the defendant. The plea set up by the defendant was that the amount was not taken by him as loan from the plaintiff. In fact, the defendant had taken the loan amount from his Commission Agent who at that time got his signatures on certain blank papers. The plaintiff, being close relative of the Commission Agent, misused that cheque at the instance of the Commission Agent. The plaintiff in his evidence proved the cheque on which the signatures were not denied by the defendant. As far as his plea regarding signing certain blank papers and the cheque at the behest of the Commission Agent, in spite of various opportunities granted, the defendant did not lead any evidence . In these circumstances, the suit was decreed and in appeal also the defendant failed. R.S.A. No. 1189 of 2008 [2] Even before this Court, in the absence of any evidence led by the defendant even in the form of his own statement to support what was stated in the written statement, learned counsel has not been able to point out any defect in the findings recorded by both the Courts below which are in the realm of plain and simple findings of fact giving rise to no question of law, much less a substantial question of law. Accordingly, the present appeal is dismissed. (Rajesh Bindal) Judge 2.9.2008 mk