https://www.taxtmi.com/caselaws?id=109377 A cheque described as a "guarantee" or security instrument may still attract criminal liability under section 138 of the Negotiable Instruments Act, 1881 where the surrounding facts show that it was issued for repayment of a loan or other legally enforceable debt. The complaint must be read as a whole, and a stray expression does not defeat the existence of liability if the transaction evidences an advance of money with an assurance of repayment by cheque. The statutory presumption under section 139 applies unless rebutted, and a court must not misread the complaint or ignore that presumption. en-us Mon, 23 Feb 2004 00:00:00 +0530 Mon, 09 Apr 2012 13:38:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=109377 A cheque described as a "guarantee" or security instrument may still attract criminal liability under section 138 of the Negotiable Instruments Act, 1881 where the surrounding facts show that it was issued for repayment of a loan or other legally enforceable debt. The complaint must be read as a whole, and a stray expression does not defeat the existence of liability if the transaction evidences an advance of money with an assurance of repayment by cheque. The statutory presumption under section 139 applies unless rebutted, and a court must not misread the complaint or ignore that presumption. Case-Laws Companies Law Mon, 23 Feb 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=109377