This Second Appeal challenges the concurrent finding that the appellant borrowed Rs. 40,000 and executed a bearer cheque. The High Court found no substantial question of law and dismissed the appeal.
The Second Appeal is dismissed.
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IN THE HIGH COURT OF BOMBAY AT GOA
SECOND APPEAL NO. 40 OF 2013
MR. JOHN PHILIP PEREIRA AND ANR., ... Appellants Versus MS. MARIA FILOMENA GOMES ... Respondent
Mr. Nigel Da Costa Frias, Advocate for the Appellants.
Coram:R. M. SAVANT, J. Date:11th October, 2013
P.C:
There is a concurrent finding recorded against the petitioner i.e. the original defendant no.1 and in favour of the plaintiff as regards the liability of the defendant no.1 to pay the sum of Rs.40,000/(Rupees Forty thousand only) taken as loan by him. Both the Courts below on the basis of the material on record have come to a conclusion that the plaintiff had advanced an amount of Rs.40,000/to the appellant herein i.e the defendant no.1. The said finding as can be seen is arrived at on the basis that the signature which is appearing on the front of the bearer cheque as well on the reverse was that of the defendant no.1, which signature was compared with the admitted signatures of the defendant no.1. The evidence of the Deputy Manager of the Punjab National Bank,Vasco to the effect that the cheque was drawn in favour of the defendant has also been taken into consideration by the Courts below for arriving at the said conclusion.
2
In the light of the concurrent finding of fact based on the aforesaid material, in my view, no substantial question of law arises for consideration. The Second Appeal is accordingly dismissed.
R. M. SAVANT, J.
ap/-
1 issue framed by the court
Whether a substantial question of law arises from the concurrent finding that the appellant borrowed Rs. 40,000 and executed a bearer cheque.
MR. JOHN PHILIP PEREIRA AND ANR.
MS. MARIA FILOMENA GOMES
R. M. SAVANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
