SBCSA NO.448/2007– OM PRAKASH V/S PRAMOD.. : ORDER DATED 19.8.2008 1/2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL SECOND APPEAL NO.448/2007 Om Prakash versus Pramod PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.G.R.Bhoori,, for the appellant DATE OF ORDER : 19th AUGUST, 2008. O R D E R 1. Heard the learned counsel for the appellant. 2. This appeal is directed agianst the order of the first appellate Court dated 9.8.2005 whereby affirming the judgment of the learned trial Court dated 23.2.2005, both the courts below have concurrently decreed the money recovery suit filed by the plaintiff – respondent. SBCSA NO.448/2007– OM PRAKASH V/S PRAMOD.. : ORDER DATED 19.8.2008 2/2 3. Having perused the order of both the Courts below, this Court is satisfied that the courts below have taken into consideration the evidence before them and have decreed the suit as the amount in question was advanced by way of cheque to the defendant and therefore, the presumption under Section 118 of the Negotiable Instrument Act was raised against the defendant. 4. In the opinion of this Court, no substantial question of law arises for consideration by this Court. The appeal filed by the appellant is found to be devoid of merit and the same is accordingly dismissed. No order as to costs. A copy of this order be sent to the plaintiff – respondent. (Dr.VINEET KOTHARI)J. Item No.18. Ss/-