which the defence of "security cheque", or that the cheque was
given as a security, set up by the accused, has been dealt ... maintainable in respect of a security
cheque or a cheque given as a security to assure the performance of another
obligation.
40. I may take
date of issue of the cheque. The latter cheque would be by way of security
cheque, and would not be covered by Section ... maintainable in respect of a security cheque or a cheque
given as a security to assure the performance of another
obligation."
19. The decision
complainant to
present the cheque in question before the bank.
(e) The cheque in question was a security cheque, in view of the
deposition ... form of a post dated cheque
or a current cheque with the agreement that it is a security for
fulfillment of an obligation
cheque - i.e. at Bombay/ Mumbai
- - presentation of the cheque to the bank - i.e. at Delhi
- returning of the cheque unpaid by the drawee ... security cheque is an
acknowledgment of liability on the part of the drawer that the
cheque holder may use the security cheque as an alternate
having issued
cheque as well as signature thereupon, but claimed that
cheque in question was issued as security. Once factum with
regard to issuance ... required to prove that cheque was
.
issued in discharge of legally enforceable debt, but merely
calling a cheque a security will not help the accused
notice that payment as regards cheque
no.546633 was made through RTGS and that cheque No. 546625 is a
security cheque as mentioned/written ... seems to be security cheque because of the
aforesaid reasons, and dishonour of a cheque given as
security does not amount to an offence
4000/- to the petitioner. It is contended that the said security
cheque has been misused by the complainant.
This Court has heard the learned counsel ... cheque may have been
filled in by any person other than the drawer, if the cheque
is duly signed by the drawer. If the cheque
factum with regard to issuance of cheque by stating that
cheque in question was issued as a security cheque but there
is nothing on record ... bare perusal of the
handwriting on the cheque suggests that a blank cheque was
issued as a security by the accused but the same
drawer of the cheque and in the circumstance
stated above if the cheque is presented and dishonoured, the
holder of the cheque/drawee would have ... date mentioned
on the cheque there was no liability, then the cheque issued for the security
purpose exonerate the drawer from the liability under Section
maintainable in respect of a security
cheque or a cheque given as a security
to assure the performance of another
obligation."
33.In view ... than the cheque amount. Therefore, by no
stretch of imagination, one can say that cheque in
question was issued by way of security cheque.
Therefore
