Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2019 (9) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (9) TMI 1561 - SC - Indian LawsDishonor of Cheque - "security" offered for the discharge of any debt or any liability or not - Section 138 of the Negotiable Instruments Act, 1881 - HELD THAT:- The averment in the complaint does indicate that the signed cheques were handed over by the Accused to the complainant. The cheques were given by way of security, is a matter of defence. Further, it was not for the discharge of any debt or any liability is also a matter of defence. The relevant facts to countenance the defence will have to be proved - that such security could not be treated as debt or other liability of the accused. That would be a triable issue. This is because, handing over of the cheques by way of security per se would not extricate the Accused from the discharge of liability arising from such cheques. Counsel for the Appellant pointed out that in view of the changed legal position, the complaint must now proceed before the Court at Ahmedabad. Even this contention may be pursued before the High Court in the remanded proceedings, which may be dealt with appropriately. Appeal disposed off.
|