Malik MUHAMMAD ASHRAF vs MUHAMMAD ASIF O — 2025 CLC 1913 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 CLC 1913 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: CLC
Parties: Malik MUHAMMAD ASHRAF vs MUHAMMAD ASIF O
Subject matter: Criminal

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

Malik MUHAMMAD ASHRAF VS MUHAMMAD ASIF O.XXXVII Rr.1 & 2---Recovery suit on the basis of cheque---Rebuttal to presumption of correctness attached to the impugned cheque by presenting a probable defence and credible evidence---Legality---Guarantee cheque---Proof---Business relationship, existence of---Statement of respondent in the related criminal case, relevance of---Contention of the appellant was that impugned cheque was issued as a guarantee and was misused---Validity---In civil cases it is preponderance of evidence on the basis of which a dispute is to be decided, however, it does not mean that the conclusion in civil cases based on same set of facts is drawn mechanically, ignoring the crucial piece of evidence available on record such as statement of the plaintiff during the criminal trial, having direct nexus with the dispute---There was only one transaction, entered into between the appellant and the Manager of the respondent, in respect of which the respondent claimed that the impugned cheque was issued, however, the respondent side could not refute that the payment in respect of the said transaction was cleared through voucher, which showed that the impugned cheque was lying with the respondent side as guarantee on account of the admitted business relationship of purchase of wheat to secure any balance due and despite receiving payment in respect of the disputed transaction, the impugned cheque had been misused---Regular First Appeal was accepted and as a natural corollary, the suit of the respondent was dismissed, whereas the suit of the appellant was decreed, in circumstances.

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