Document Fragment View

Matching Fragments

13. Defendant Mohammad Altaf (DW/1) admitted this fact in para 36 that he gave a cheque of Rs.14,02,000/- to the plaintiff but he stated different version in para 37 of is evidence, which reads thus :-

"37- ;g dguk lgh gS fd mDr psd eSaus fnukad 01-03-2013 dk fn;k FkkA"

This witness, further in para 51 admitted that the cheque of Rs.14,02,000/- which was given by him to the plaintiff, was dishonoured. Further, in para 52 and 53, this witness has admitted that on 19.03.2012, he received a notice of dishonour of cheque from the plaintiff's advocate and on 26.03.2013, he replied the same through his advocate.

15. A bare perusal of agreement (Ex.D/2) goes to show that on 06.06.2012, an advance amount of Rs.6,50,000/- had been given to the plaintiff & balance amount of Rs.14,02,000/- through cheque No.000006 was to be paid, but the defendant/appellant did not confront this document to plaintiff Phanindra Bharat (PW/1) and plaintiff has not admitted his signature on Ex.D/2.

16. Defendant No.1/appellant Mohammad Altaf Memon (DW/1) himself has stated in para 3 of his evidence that he signed 'A to A' part in Ex.D/2, whereas plaintiff has signed 'B to B' part in Ex.D/2. Sayeed Aziz Rizavi (DW/2) has also admitted the version of Mohammad Altaf Memon (DW/1) that the plaintiff has signed 'B to B' part in Ex.D/2.