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I.C.D.S. Ltd vs Beena Shabeer & Anr on 12 August, 2002

4. The decision of the Supreme Court in I.C.D.S. Ltd. v. Beena Shabeer has no application to the facts of the present case. In the said case the cheque was issued by a guarantor. The Supreme Court while interpreting the words "discharge of any debt or liability" held that the liability of the guarantor would also come within the ambit of words "the other liability". In the instant case the issue is altogether different. The accused had issued a blank cheque not in respect of any current or ascertained liability but it was issued in respect of uncertain future liability. In such situation the provisions of Section 138 of the Act would not attract and if a cheque so issued is dishonoured, no offence Under Section 138 of the Negotiable Instruments Act can be inferred.
Supreme Court of India Cites 8 - Cited by 199 - U C Banerjee - Full Document
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