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    <title>2007 (11) TMI 592 - Delhi High Court</title>
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    <description>The phrase &quot;other liability&quot; in Section 138 of the Negotiable Instruments Act was given its ordinary wide meaning and was not confined by ejusdem generis to &quot;debt&quot;, so it covers any legally enforceable liability to pay. Where a collaboration agreement made payment of the cheque amount an essential contractual obligation, a cheque described as security still fell within Section 138 if it was issued against an accrued liability. The distinction between a mere security cheque and a cheque issued towards discharge of an existing liability was applied, and the latter attracted criminal liability. The complaint and summoning order were therefore not liable to be quashed under Section 482 of the Code of Criminal Procedure.</description>
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      <title>2007 (11) TMI 592 - Delhi High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=170757</link>
      <description>The phrase &quot;other liability&quot; in Section 138 of the Negotiable Instruments Act was given its ordinary wide meaning and was not confined by ejusdem generis to &quot;debt&quot;, so it covers any legally enforceable liability to pay. Where a collaboration agreement made payment of the cheque amount an essential contractual obligation, a cheque described as security still fell within Section 138 if it was issued against an accrued liability. The distinction between a mere security cheque and a cheque issued towards discharge of an existing liability was applied, and the latter attracted criminal liability. The complaint and summoning order were therefore not liable to be quashed under Section 482 of the Code of Criminal Procedure.</description>
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