TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Liability extinguished by demand drafts in dishonored cheque case. Clarification on Section 138 proceedings.</h1> <h3>Nijjer Agro Foods Limited and Ors. Versus Nasib Chand and Ors.</h3> The court held that once payment was made through demand drafts, the liability regarding the dishonored cheques ceased to exist. Emphasizing the ... - Issues:1. Interpretation of payment terms in an agreement for tomato crop production.2. Liability of the petitioner regarding post-dated cheques.3. Application of Section 138 of the Negotiable Instruments Act.4. Conversion of proceedings under Section 138 into a civil suit.Analysis:1. The petitioner and respondent No. 1 entered into an agreement for tomato crop production, which included terms for payment. The agreement required the petitioner to provide post-dated cheques as security, to be replaced by demand drafts. The cheques were dishonored, leading to a dispute over liability.2. The key issue was whether the petitioner was liable for the dishonored cheques despite providing demand drafts totaling the cheque amounts. The court clarified that once payment was made through demand drafts, the liability regarding the cheques ceased to exist. The court emphasized that Section 138 of the Negotiable Instruments Act applies to cheques for liability, and once the liability is discharged, the offense under this section ceases.3. The court highlighted that proceedings under Section 138 of the Act are specific and cannot be converted into a civil suit for recovery. These proceedings are limited to cheques drawn by a person on their bank account for payment to another party. In this case, the liability of Rs. 40 lakh created by the post-dated cheques was discharged by the demand drafts, rendering the proceedings under Section 138 unnecessary.4. Consequently, the court allowed the petition, set aside the impugned order, and dropped the proceedings. The judgment emphasized the importance of distinguishing between liability under the Negotiable Instruments Act and the resolution of disputes through civil suits. The decision clarified the legal principles governing the interpretation of payment terms in agreements and the application of relevant statutory provisions in cases involving dishonored cheques.
TaxTMI 
TaxTMI 
