IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.5 OF 2008 IN SUMMARY SUIT NO.1340 OF 2007 Deepak Hiralal Shah ..Plaintiff Vs. Nilesh Rasiklal Waghela ..Defendant Mr. Deepak Chitnis for the Plaintiff None for the Defendants Coram: Smt. Roshan Dalvi, J Date : 10th June, 2009 P.C. 1. This suit is filed for recovery of the amount under the dishonoured cheque of the Defendant dated 18.05.2004 for Rs.94,000/-, Exhibit B to the Plaint. The cheque has been dishonoured for the reason “refer to drawer”. 2. It is the Plaintiff’s case that there were transactions between the parties in respect of the certain shares to be purchased by the Plaintiff. The Plaintiff has given amounts from time to time to the Defendant to purchase shares in certain limited companies. One such transaction is shown as Exhibit A to the Plaint. That is the statement showing the amount received for shares in the certain limited company by the Defendant on 15.05.2002. 3. There is a presumption relating to the passing of consideration under the cheque. The legal notice has remained unanswered. It is shown to be posted and sent by Registered Post A.D. and under certificate of Posting. The certificate of posting shows that it would be received by the Defendant. 4. The Defendant has contended that the suit is barred by limitation. It is not. Upon cheque dated 18.05.2004, the suit is filed on 20.04.2007. It is filed within time. 5. There has been a criminal complaint filed u/s 138 of the Negotiable Instruments Act. The complaint is pending. 6. No defence is disclosed. Summons for Judgment is made absolute as prayed. Suit decreed accordingly. 2/3rd Refund of Court Fees. The original cheque dated 18.05.2004 is stated to have been tendered in the Learned Magistrate Court where the criminal complaint is pending. (Smt. Roshan Dalvi,J)