TAHIR JAVED vs MUHAMMAD SHARIF S — 2026 CLC 252 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2026 CLC 252 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2026
Reporter: CLC
Parties: TAHIR JAVED vs MUHAMMAD SHARIF S
Subject matter: Civil
Provisions referred to: S. 126---N; S. 6; S. 118; Negotiable Instruments Act (XXVI of 1881); Civil Procedure Code (V of 1908); Negotiable Instruments Act

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

TAHIR JAVED VS MUHAMMAD SHARIF S. 126---Negotiable Instruments Act (XXVI of 1881), Ss. 6 & 118---Civil Procedure Code (V of 1908), O.XXXVII, Rr. 1 & 2---Suit for recovery of amount---Dishonored cheque---Terms contract of "guarantee", "surety", "principal debtor" and "creditor"---Guarantee cheque---Proof---Suit filed by respondent / plaintiff was decreed against appellant / defendant as the cheque given by him was dishonored on presentation---Contention of appellant / defendant was that the cheque issued by him was of guarantee---Validity---There are three distinct parties in a contract of guarantee: the "surety," the "principal debtor," and the "creditor"---Appellant/defendant did not qualify either as a surety or a third-party guarantor but he squarely fell within the definition of the "principal debtor"---Subject cheque, was a negotiable instrument under S. 6 of Negotiable Instruments Act, 1881 and was governed by the statutory presumptions enshrined in S. 118 of Negotiable Instruments Act, 1881---No material illegality, irregularity, misreading, or non-reading of evidence was pointed out by appellant/defendant---Trial Court rightly appreciated the evidence and correctly applied settled legal principles in decreeing the suit under O.XXXVII, C.P.C.---High Court declined to interfere in judgment and decreed passed against appellant / defendant---Appeal was dismissed, in circumstances.

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