security cheques drawn in his
favour, upon the installments being paid- to hold that the cheques in
question were "security cheques;" and were ... returned and, thus, the appellant proceeded to enforce
the security by presenting the three security cheques
submits that in Beena Shabeer (supra), the Supreme
Court held that security cheques would fall within the purview of Section ... forthcoming, the
security cheques were considered as consideration towards
supply of goods, and the respondent would bank the cheques.
The cheques in question had similarly
full amount, HMT
Watches Ltd. has to return 57 Nos. security
cheques held by them to M/s Swiss Time
Agencies ... 2367 of 2008
-:17:-
watches Ltd. has to return 57 Nos. security cheques held by them to
M/s Swiss Time Agencies, Ernakulam". From
stated
that he had handed over cheques in question as blank signed cheques for
the purpose of security as he had to purchase seven ... demand
draft or alleging that the cheques in question were given as blank
cheques, towards security. No notice was sent by the respondent/accused
that the signed cheques were handed over by
the accused to the complainant. The cheques were
given by way of security, is a matter ... returned, the
cheques could be encashed. The High Court held that the cheques
were given only by way of security and therefore not towards
issued the cheques under his
signatures. This plea of the revision petitioner that the cheques were issued
as security, was rightly rejected by the Courts ... lakhs each given as security. It was after this suit
that complainant deposited 8 security cheques for payment with their
banker. This flattens the plea
complainant did not return it. Later one of the security cheques was
misused and the present complaint was filed. He filed complaint
against complainant ... there was no
necessity of additional security. It was also elicited that the alleged fact
of giving security cheques is not mentioned in mortgage deed
said loan amount the complainant has not returned
said security cheques and by misusing the said security cheques has
filed this false complainant. As such ... security to the said loan. Inpite
of repayment of the said loan through his bank account the
complainant has not returned security cheques. However
statement that
Rs.1,87,00,000/ only covered by the security cheques
but he does not admit and accept the due of amount ... referred to as security deposit means demand for
security deposits from the accused and as per that the
accused given cheques as security which
legally
recoverable debt as on presentation of cheques as the
said cheques were only issued as security cheques. The
23 CC No.20034/2011
SCCH ... cheque book only three cheques
were issued and other cheques in question are not
covered but other cheques information is available
