https://www.taxtmi.com/caselaws?id=342098 A cheque attracts Section 138 of the Negotiable Instruments Act only if it is issued in discharge of an existing legally enforceable debt or liability on the date of issuance. Where excise duty liability has only been alleged during investigation but has not been adjudicated or crystallised under the Central Excise law, it cannot be treated as a fixed enforceable debt. The distinction between a subsisting liability and an unquantified or anticipated claim was applied, and the cheque dishonour proceedings could not be sustained on the basis of an uncrystallised statutory demand. en-us Tue, 04 Apr 2017 00:00:00 +0530 Wed, 26 Apr 2017 07:10:05 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=342098 A cheque attracts Section 138 of the Negotiable Instruments Act only if it is issued in discharge of an existing legally enforceable debt or liability on the date of issuance. Where excise duty liability has only been alleged during investigation but has not been adjudicated or crystallised under the Central Excise law, it cannot be treated as a fixed enforceable debt. The distinction between a subsisting liability and an unquantified or anticipated claim was applied, and the cheque dishonour proceedings could not be sustained on the basis of an uncrystallised statutory demand. Case-Laws Indian Laws Tue, 04 Apr 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=342098