1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGEMENT NO. 190 of 2008 IN SUMMARY SUIT NO. 1131 OF 2008 Mr.Dilipkumar Kantilal Shah .. Plaintiff versus Mr.Praveen S. Shete & Anr. .. Defendants ... Mr.Kapil Mulye i/b Ms.Tanvi Gandhi & S.Vora for the plaintiff. Mr.S.R. Tejpal with Ashok Verma i/b Tejpal & Co. for the defendant. CORAM : D.G. KARNIK, J DATED : 1st April 2009 P.C.: 1. This Summons for Judgement is taken out by the plaintiff in a suit for recovery of money of Rs.1,00,000/- (Rupees One Lakh) and interest thereon. The suit is not based on any written 2 contract. Learned counsel for the plaintiff however submitted that the suit is based on a Negotiable Instrument in as much as the plaintiff had granted the loan to the defendant by a cheque and therefore is a suit on a Negotiable Instrument. 2. In my view, submission is misconceived. Suit on a negotiable instrument means suit based upon a negotiable instrument drawn or issued by the defendant payable to the plaintiff. Merely because the suit is filed for recovery of loan advanced by a cheque, that would not make it a suit on a negotiable instrument. Whether the plaintiff advanced the loan by cheque or cash is irrelevant for the purpose of considering whether the suit is based on negotiable instrument. Obviously, the suit is not based on a negotiable instrument and therefore, the suit cannot be tried as a summary suit. 3. Summons for Judgement is therefore dismissed. 4. Suit is transferred to the list of commercial causes. Defendant to file written statement within 12 weeks. 3 (D.G.KARNIK,J)