*1* ss.2668.08.959.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2668 OF 2008 Harish Pukhrajji Rajawat. ..Plaintiff -versus- Nagrajan Chakrawarty. ..Defendant ............ Mr.Ramesh Jain, for the Plaintiff. None for the Defendant. ............ CORAM : S.C.DHARMADHIKARI, J. Date : 27th September, 2011. P.C.: 1 Mr.Jain, learned counsel appearing for the Plaintiff, states that the writ of summons have been duly served on the Defendant as is evident by the affidavit proving service. 2 From perusal of the affidavit of the Bailiff attached to the Sheriff of Mumbai, I am satisfied that a writ of summons is duly served. In these circumstances, this affidavit proving service is taken on record and marked “X” for identification. 3 Mr.Jain then submits that the suit is based on dishonoured cheque. For valuable consideration, in due discharge of liability, cheque of Rs.2 lacs was forwarded by the Defendant to the Plaintiff, which cheque upon presentation came to be dishonoured. It is stated that the Plaintiff has filed the proceedings under section 138 of the Negotiable Instruments Act in the Metropolitan Magistrate’s Court, which proceedings are pending. The cheque has been dishonoured with a remark “insufficient funds”. The copies of the cheque, memo of dishonour and notice have *2* ss.2668.08.959.sxw been filed. The original documents along with list are taken on record and marked “X-1 collectively” for identification. 4 From reading of the plaint and on perusal of the original documents, I am satisfied that the suit claim is within limitation. This Court has jurisdiction to entertain and try this suit. That the claim falls under Order XXXVII of the Code of Civil Procedure, 1908 inasmuch as it is based on dishonoured cheque and which cheque was for valuable consideration. In these circumstances, the suit is decreed as prayed. The Advocate’s costs shall be computed as per rules. Refund of the court fees as per rules. (S.C. Dharmadhikari, J)