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Home Criminal Negotiable Instruments Act

NIA S. 138 – Security cheque – 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

by PLRonline
September 5, 2022
in Negotiable Instruments Act, Various Acts
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Negotiable Instruments Act, 1881 S. 138 – Security cheque – 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 – 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 –  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.

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