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2019 (9) TMI 1561

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..... e 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 .....

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..... 1. Leave granted. 2. These appeals take exception to the judgment and Order dated 23rd July, 2018 passed by the High Court of Delhi at New Delhi in Crl.M.C. Nos. 3084/2015 and 3086/2015 whereby the proceedings initiated against Respondent No. 1 for the offence punishable Under Section 138 of the Negotiable Instruments Act, 1881 came to be quashed. 3. The High Court mainly referred to the .....

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..... e 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 .....

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