ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION SUMMARY SUMMARY SUMMARY SUIT NO.1599 OF 2006 SUIT NO.1599 OF 2006 SUIT NO.1599 OF 2006 Tanaji Laxman Shinde ... Plaintiff. V/s. Vishwanath Tukaram Salunkhe ... Defendant. Mr.J.S.Kini i/by Kinjal Haria for the plaintiff. None for the Defendant. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 17th April, 2009 : 17th April, 2009 : 17th April, 2009 Judgment:- Judgment:- Judgment:- 1. The suit is listed today under the caption of "Ex-parte" decree. 2. None appeared for the Defendant again. 3. The summary suit is under Order XXXVII of the Code of Civil Procedure,1908 (for short, CPC), based upon on monetary transaction and based upon the cheque dated 04/10/2004 of Rs. 85,000/-. The complaint filed by the Plaintiff was dismissed and the Defendant was acquitted on technical ground under Section 138 of the Negotiable Instruments Act (for short, the N.I. Act) by observing as under:- ( 2 ) "4. Though the liability is established and the cheque which was issued in discharge of the said liability was also bounced but due to impediment of law in the way of Court, prohibiting complaint on the basis of 2nd demand notice I have to record acquittal of the accused, as I do." 4. The averments as made in the plaint in support of the claim also uncontroverted. It means, there is no dispute on record with regard to the execution of the documents/cheques and the liability and the claim as made by the Plaintiff. 5. An affidavit of service dated 6th July, 2007 along with acknowledgement is the part of record. The original Cheque dated 4/10/2004 Exhibit "7" and Memo of Bank dated 15.10.2004 Exhibit "8". These documents support the case of the plaintiff. In view of this, the suit is decreed as under:- "(a) The defendant is ordered and decreed to pay to the plaintiff a sum of ( 3 ) Rs.85,000/- (Rupees Eighty Five Thousand Only) with interest at the rate of 9% per annum from the date of the Suit until payment or realisation." 6. Refund of court fee, if any, be made as per rules. 7. No costs. [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.]