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TMI Blog2018 (11) TMI 680X X X X Extracts X X X X X X X X Extracts X X X X ..... n to the appellant/defendant. In fact the appellant/defendant seems to have a belief that money borrowed is money earned. Appeal dismissed - decided against appellant. - RFA No. 922/2018 - - - Dated:- 13-11-2018 - MR. VALMIKI J. MEHTA J. Appellant Through: Mr. Manish Kumar Singh, Advocate Respondent Through: None To be referred to the Reporter or not? VALMIKI J. MEHTA, J (ORAL) C.M. No.46737/2018(exemption) 1. Exemption allowed subject to just exceptions. C.M. stands disposed of. C.M. Nos.46735/2018(for condonation of delay in filing) 46736/2018(for condonation of delay in re-filing) 2. For the reasons stated in the applications, delay of 27 days in filing and 31 days in re-filing the appeal is co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... paid as security for a loan taken by one Mr. Rajan @ Krishan Sisonia from the respondent/plaintiff. i.e. the loan amount was in fact taken by Mr. Rajan from respondent/plaintiff and the appellant/defendant had only given his cheque as security to respondent/plaintiff. It was also pleaded in the leave to defend application that for one other loan by Mr. Rajan from respondent/plaintiff, Mr. Rajan had got the appellant/defendant and his brother Mr. Jatin Aggarwal to execute some documents on his behalf. In lieu of the said loans some blank cheques were issued by the appellant/defendant and his brother Mr. Jatin Aggarwal which were given to respondent/plaintiff as security for loans taken by Mr. Rajan. It was further pleaded that in the procee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judge about the Defendant's good faith, or the genuineness of the triable issues, the trial judge may impose conditions both as to time or mode of trial, as well as payment into court or furnishing security. Care must be taken to see that the object of the provisions to assist expeditious disposal of commercial causes is not defeated. Care must also be taken to see that such triable issues are not shut out by unduly severe orders as to deposit or security. 17.4 If the Defendant raises a defence which is plausible but improbable, the trial Judge may impose conditions as to time or mode of trial, as well as payment into court, or furnishing security. As such a defence does not raise triable issues, conditions as to deposit or securi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xamination under Section 138 of N.I. Act case cannot be relied upon because that aspect is still sub judice as the case under Section 138 of N.I. Act is still pending. 9. In my opinion, trial court has committed no error in giving the aforesaid reasoning and conclusions for dismissing the leave to defend application. In fact, I would like to add that in case a fraud has been committed by respondent/plaintiff and Mr. Rajan upon the appellant/defendant for loans allegedly granted to Mr. Rajan by respondent/plaintiff, and that respondent/plaintiff was found to have misused the subject cheque, there was no reason why the appellant/defendant would not have issued a legal notice to Mr. Rajan or the respondent/plaintiff for a fraud having been ..... X X X X Extracts X X X X X X X X Extracts X X X X
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