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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