Maj. (R) MUHAMMAD SIDDIQUE vs MUHAMMAD HAROON O — 2022 YLR 1583 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 YLR 1583 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: YLR
Parties: Maj. (R) MUHAMMAD SIDDIQUE vs MUHAMMAD HAROON O
Subject matter: Criminal
Provisions referred to: S. 118---Q; Negotiable Instruments Act (XXVI of 1881)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Maj. (R) MUHAMMAD SIDDIQUE VS MUHAMMAD HAROON O. XXXVII, Rr. 2 & 3---Negotiable Instruments Act (XXVI of 1881), S. 118---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Summary suit on the basis of promissory note---Execution of promissory note and consideration---Proof---Defendant categorically denied signatures, execution of the promissory note, accompanying receipt and consideration--- Statutory presumption attached with negotiable instrument---Scope---Held, that the plaintiff/respondent claimed in the plaint that obligation of the defendant/appellant accrued in the wake of agreement amongst the partners meaning thereby that the liability was against the firm in which behalf settlement/agreement was affected---Said agreement qua final settlement of account was not produced on record, which tantamount to withholding of best evidence in terms of Art. 129(g) of Qanun-e-Shahadat, 1984---One of the partners of firm as plaintiff's witness also failed to produce any such agreement (account reconciliation)---Another plaintiff's witness alleged, in the cross-examination, that he saw the accounts of the firm before issuing a certificate, but no such accounts were produced---Preponderance of probability was against the plaintiff/respondent, hence claim on the basis of promissory note was not sustainable in law---Impugned judgment and decree suffered from gross illegalities and was unsustainable in wake of deficient evidence qua proof of execution of promissory note and underlying consideration---Appeal was allowed, in circumstances.

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