https://www.taxtmi.com/caselaws?id=367264 A prosecution under Section 138 of the Negotiable Instruments Act was found unsustainable where contemporaneous notices and replies indicated that the cheque had been obtained earlier as a security cheque along with signed blank cheques and promissory notes in prior loan dealings. On those facts, the cheque was not shown to have been issued in discharge of a subsisting legally enforceable debt, and continuation of the complaint was treated as abuse of process. The complaint was therefore held not maintainable and was quashed under Section 482 of the Code of Criminal Procedure. en-us Tue, 04 Sep 2018 00:00:00 +0530 Tue, 18 Sep 2018 08:01:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=367264 A prosecution under Section 138 of the Negotiable Instruments Act was found unsustainable where contemporaneous notices and replies indicated that the cheque had been obtained earlier as a security cheque along with signed blank cheques and promissory notes in prior loan dealings. On those facts, the cheque was not shown to have been issued in discharge of a subsisting legally enforceable debt, and continuation of the complaint was treated as abuse of process. The complaint was therefore held not maintainable and was quashed under Section 482 of the Code of Criminal Procedure. Case-Laws Indian Laws Tue, 04 Sep 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=367264