9911796707
TMI Blog1999 (2) TMI 717X X X X Extracts X X X X X X X X Extracts X X X X ..... lat offered for sale for ₹ 7,00,000/-. Due to financial constraints, the plaintiff expressed his inability to pay the entire consideration in a lump sum. However, on the defendant's suggestion to furnish some security in the form of bearer cheques for finalising the deal, the plaintiff issued the following bearer cheques in favor of the defendant. CHEQUE NO. DATE BANK AMOUNT 969772 NIL HONG KONG BANK 2,00,000/- 969773 NIL HONG KONG BANK 2,00,000/- 969774 NIL HONG KONG BANK ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lication, the defendant seeks rejection of the plaint on the ground that the present suit is not maintainable under the provisions of the Specific Reliefs Act. 5. Admittedly, the plaintiff had issued the aforesaid cheques in favor of the defendant. A cheque is a negotiable instrument and under Section 9 of the Act the payee is the holder in due course. The defendant, as a holder of the said cheques, is entitled to their benefits. Section 72,73,75A and Section 84 of the Act are specific provisions which protect the interest of the payee under the cheque and also retain the liability of the drawer. Under Section 118(g) of the Act, the presumption is that the payee had given valuable consideration for the cheque issued in his favour; Under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant the declaration which would be of no real effect. That apart, if the declaration sought for or the injunction is granted to the plaintiff, the defendant would perhaps be completely deprived of his legal remedies against the plaintiff. Judged from any angle, the plaintiff is not entitled to grant of declaration sought in the present suit. The declaratory reliefs No.(a) and (b) sought by the plaintiff cannot be granted as these cheques have already been used by the defendant and further the defendant as a holder of these cheques is entitled to their benefit. 7. The plaintiff has also claimed the relief of injunction restraining the defendant from using the said cheques. It has to be borne in mind that the present suit has been institut ..... X X X X Extracts X X X X X X X X Extracts X X X X
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