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    <title>2019 (4) TMI 113 - District Court Patiala House</title>
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    <description>Section 138 of the Negotiable Instruments Act requires a cheque to be issued towards an existing legally enforceable debt or liability. Where cheques were allegedly given during an excise search, before any adjudication or quantification of duty, they could not be treated as issued in discharge of a final liability. A statement recorded under section 14 of the Central Excise Act, 1944 was not treated as conclusive proof of enforceable debt because the statutory process still contemplated notice, adjudication and appeal. On that basis, the material before the Magistrate did not support the summoning order.</description>
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      <title>2019 (4) TMI 113 - District Court Patiala House</title>
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      <description>Section 138 of the Negotiable Instruments Act requires a cheque to be issued towards an existing legally enforceable debt or liability. Where cheques were allegedly given during an excise search, before any adjudication or quantification of duty, they could not be treated as issued in discharge of a final liability. A statement recorded under section 14 of the Central Excise Act, 1944 was not treated as conclusive proof of enforceable debt because the statutory process still contemplated notice, adjudication and appeal. On that basis, the material before the Magistrate did not support the summoning order.</description>
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