https://www.taxtmi.com/caselaws?id=401712 A cheque issued in a hire purchase transaction was treated as not representing an enforceable unconditional liability after the vehicle was repossessed and sold under the agreement. On those facts, the liability could not be unilaterally fixed by the complainant after seizure and sale; any outstanding amount had to be worked out under the agreement or through civil adjudication. The text emphasises that for Section 138 of the Negotiable Instruments Act, a cheque must reflect a supported and unconditional debt, and where consideration fails or the transaction remains conditional, the cheque may lose enforceability. The trial court's view was accepted and no interference was found warranted in the appeal against acquittal. en-us Wed, 30 Sep 2020 00:00:00 +0530 Tue, 15 Dec 2020 10:36:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=401712 A cheque issued in a hire purchase transaction was treated as not representing an enforceable unconditional liability after the vehicle was repossessed and sold under the agreement. On those facts, the liability could not be unilaterally fixed by the complainant after seizure and sale; any outstanding amount had to be worked out under the agreement or through civil adjudication. The text emphasises that for Section 138 of the Negotiable Instruments Act, a cheque must reflect a supported and unconditional debt, and where consideration fails or the transaction remains conditional, the cheque may lose enforceability. The trial court's view was accepted and no interference was found warranted in the appeal against acquittal. Case-Laws Indian Laws Wed, 30 Sep 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=401712