1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Summons for Judgment No.373 of 2008 IN Summary suit No.1900 of 2008 Tejas Arvind Thakker .. .. Plaintiff v/s. Manish M. Thakkar .. .. Defendant Mr.B.S . Chandnani for Plff. Mr.Atul G. Damle for Deft. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 6 th April 2009 P.C. : 1. This Suit is filed upon the 4 dishonoured cheques for Rs.25,000/- dated 30.5.2005, Rs.7,000/- dated 22.9.2005, Rs.6,000/- dated 20.9.2006 and Rs.6,000/- dated 20.11.2006, respectively. Each of these cheques has been dishonoured on 22.7.2005, 27.9.2005, 7.5.2007 and 16.5.2007. A legal notice sent by the Plaintiff is stated to have remained unanswered. 2. It is the Defendant's case that there were earlier transactions and in reply to that legal notice for transactions this claim has also been denied. In the reply to the earlier legal notice, it has been the Defendant's case that no consideration was passed under the suit cheques and they were issued to the 2 Plaintiff to obtain a loan for a third party. The defence is completely moonshine and cannot be accepted. In fact the relationship between the parties itself shows that the loan of Rs.62,000/- , as averred by the Plaintiff, could have been paid. The Suit is filed only upon the aforesaid 4 cheques which have been dishonoured. 3. On the Defendant depositing Rs.44 Lakhs within 8 weeks, the Defendant shall have leave to defend the Suit. If the amount is deposited, the Defendant shall file his Written Statement within 30 days. (SMT.ROSHAN DALVI, J.)