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Delhi HC Dismisses Plea Filed 898 Days After Lower Court’s Decree In Cheque Dishonour Case [Read Judgment]

Live Law News Network
19 July 2017 2:17 PM GMT
Delhi HC Dismisses Plea Filed 898 Days After Lower Court’s Decree In Cheque Dishonour Case [Read Judgment]
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The Delhi High Court has dismissed a plea filed by a woman against a lower court’s’ decree in a suit for dishonour of cheque of Rs. 3.96 lakh passed almost three years ago.

She urged the court to condone the delay saying she did not contact her advocate all this while, after the latter assured her of the best services.

The high court, however, found it tough to believe that a client would not contact her advocate for three long years.

The woman, in this case, said she came to know about the impugned judgment and decree passed in 2014 only on 14.5.2015, when some officials from the court came to her parental residence, which was in the course of execution proceedings.

“The application is completely vague and all that the application says is that appellant/defendant was assured by her advocate that she need not be bothered for the case. I, therefore, put a specific query to the counsel for the appellant/defendant that for what period the appellant/defendant did not contact her advocate and, in reply, it is stated that from 2012 to 14.5.2015, the appellant/ defendant did not contact her advocate. In my opinion, this is neither believable nor acceptable,” Justice Valmiki J Mehta said.

“No doubt, a client may not have contacted her advocate for some reasonably long period of time of many months, but, the period of time cannot stretch to around 3 years. This is all the more so because the appellant/ defendant is not an illiterate person and, in fact, the appellant/ defendant is pursuing another criminal case against the respondent/ plaintiff,” he noted.

The court also noted that the woman had filed another application for setting aside of an ex parte decree dated September 9, 2014, which was dismissed in February 2017.

On merits also, the court dismissed the woman’s appeal.

The high court noted that she had appeared initially in the trial court and filed a written statement but, thereafter, did not appear and, hence, was proceeded ex parte on 6.8.2013.

The plaintiff proved his case by showing a cheque and other documents. The woman had also contended that she was living with the plaintiff, who had given her false promise of marriage and taken her signed cheque book by deceit.

However, after being proceeded ex parte, she leads no evidence.

“Once the appellant/ defendant is proceeded ex parte, she leads no evidence, and respondent/ plaintiff proves his case by leading evidence, then no fault can be found with the impugned judgment and decree decreeing the suit,” Justice Mehta said.

Read the Judgment Here

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