1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1851 OF 2009 Bharat Bhabutmal Jain .. Plaintiff Versus Liladhar Kanchan .. Defendant Mr.Ramesh Jain for plaintiff CORAM : S.C.DHARMADHIKARI, J. DATE : December 18, 2009. P.C.: 1] This is a summary suit on dishonoured cheque. The original cheque is produced along with the demand notice and the acknowledgement thereof. 2] From a perusal of the original documents, it is apparent that the suit is maintainable as summary suit inasmuch as the cheque was in favour of the plaintiff and on presentation, it has been dishonoured by the bank on the ground “insufficient funds”. The demand notice to the defendants at the residential and office address has been received but the defendant has 2 failed to respond and pay the amount under the dishonoured cheque. Thereafter, this summary suit is filed and a writ of summons is duly served. The defendants have failed to appear despite service of writ of summons. 3] In these circumstances and when the suit is maintainable as a summary suit. The claim is within limitation. When the defendants reside within the territorial jurisdiction of this Court, then, there is no impediment in taking original documents on record. They are taken on record and marked “X” for identification. Affidavit of service is marked as Exh.X-1 for identification. There will be a decree as prayed. Advocates’ cost to be computed as per the Rules. Refund of court fees, if permissible, as per rules. (S.C.DHARMADHIKARI, J)