https://www.taxtmi.com/caselaws?id=220616 Cheques issued under a financing and guarantee arrangement were not treated as mere security cheques where the surrounding contract linked them to an enforceable payment obligation and permitted recourse under the Negotiable Instruments Act on dishonour. The court held that this disputed character could not be resolved summarily in quashing proceedings, so the complaint could not be quashed on that ground. A second Section 138 complaint against the guarantor was also maintainable because the earlier complaint against the principal debtor did not bar prosecution based on independent liability. Disputed issues about contractual notice similarly required trial and did not justify quashing under Section 482 CrPC. en-us Mon, 25 Apr 2011 00:00:00 +0530 Fri, 01 Feb 2013 16:41:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=220616 Cheques issued under a financing and guarantee arrangement were not treated as mere security cheques where the surrounding contract linked them to an enforceable payment obligation and permitted recourse under the Negotiable Instruments Act on dishonour. The court held that this disputed character could not be resolved summarily in quashing proceedings, so the complaint could not be quashed on that ground. A second Section 138 complaint against the guarantor was also maintainable because the earlier complaint against the principal debtor did not bar prosecution based on independent liability. Disputed issues about contractual notice similarly required trial and did not justify quashing under Section 482 CrPC. Case-Laws Companies Law Mon, 25 Apr 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=220616