2001 (6) TMI 830

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....d learned counsel for the petitioner, None appeared for the Respondent No. 1. 2. This matter arises under Section 138 of the Negotiable Instrument Act. The Respondent filed a complaint before Additional Chief Metropolitan Magistrate on account of the dishonouring of a cheque of Rs. 10,000/- issued by the petitioner on 8.12.1998. The aforesaid cheque was dishonoured and subsequently notice as cont....

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....ver a period of time to my client. In satisfaction thereof you alongwith your brother visited my client's office and gave your 7 personal cheques all drawn in Vijaya Bank, Borivali branch dated 8.12.1998 for Rs. 17,000/- each aggregating to Rs.1,19,000/- bearing Nos. 559814 to 559820. My client have now been informed on 6.4.1999 that the said cheques when redeposited were all returned back d....

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....n 138 of the N, I. Act. Even in the notice sent to the petitioner it has not been mentioned that the drawer of the cheque has taken over the liability of the petitioners 2 and 3. "Any liability" occurred in the section is only to mean that any kind of liability of the drawer; and not any other's liability, unless the payee, the drawer and the original debtor entered into any agreemen....