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Ct. Case No.1564/2018 M/S Krishi ... vs . Gurvinder Beej Bhandar Page No.1 Of14 on 27 April, 2023
cites
Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
The Negotiable Instruments Act, 1881
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 251 in The Code of Criminal Procedure, 1973 [Entire Act]
Rangappa vs Sri Mohan on 7 May, 2010
In Rangappa (supra) it has been held
that :
M/S Kumar Exports vs M/S Sharma Carpets on 16 December, 2008
Dattatraya G. Hegde, (2008) 4 SCC 54; Kumar
Exports v. Sharma Carpets, (2009) 2 SCC 513;
Rangappa v. Sri Mohan, (2010) 11 SCC 441
referred]:
Suresh Chandra Goyal vs Amit Singhal on 14 May, 2015
Therefore, the defence of the cheque being a security
cheque does not by itself rebut the presumption. Here, it is noted
that if the observations in Suresh Chandra Case (supra) are
considered, it appears that if on the date of presentment of
cheque, liability of the Accused existed towards the Complainant,
Ct. Case No.1564/2018 M/s Krishi Rasayan Exports Pvt. Ltd. Vs. Gurvinder Beej Bhandar Page No.10 of14
the same would fall under Section 138 NI Act, even if the same
was issued as a security cheque; and hence, it is not relevant if
the cheque in question was issued with the intent of it being a
security cheque.
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