PC Agrawal (PCS) 21 March 2015

Sc on sec.138

A Complaint for Dishonour of Cheque [S.138 NI Act] cannot be quashed on the ground that ‘Cheque was issued as Security’; SC

HMT Watches Ltd. Vs. Abida [Crl. Appeal No;472 of 2015]

Source:

https://www.livelaw.in/a-complaint-for-dishonour-of-cheque-s-138-ni-act-cannot-be-quashed-on-the-ground-that-cheque-was-issued-as-security-sc/

Reply Follow

2 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 21 March 2015

This judgment is eye opener for all so called experts and even advocates who regularly advice that claim that the bounce cheque was security cheque.

Cheque cases can be won but on technical issues only.

R Trivedi (advocate.dma@gmail.com) 21 March 2015

There is nothing special in this order...The Hon SC simply said under S.482 the HC cannot get into the factual defence of accused...thats well established......the defence of accused that the so and so cheque was security cheque is still available to him at the time of trial...