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    <title>2021 (10) TMI 758 - MADRAS HIGH COURT</title>
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    <description>Section 138 NI Act liability requires a cheque drawn by the accused on an account maintained by that person for discharge of a legally enforceable debt or liability. The cheque here was issued from the educational institution&#039;s account and signed by the petitioner only in her capacity as Correspondent/Secretary, with no pleaded personal debt or personal transaction established against her. As the complaint was laid against her individually, and not against the institution whose account was used, the ingredients of personal liability were not made out. The Section 138 proceedings were therefore held unsustainable and quashed under Section 482 CrPC.</description>
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      <title>2021 (10) TMI 758 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=413706</link>
      <description>Section 138 NI Act liability requires a cheque drawn by the accused on an account maintained by that person for discharge of a legally enforceable debt or liability. The cheque here was issued from the educational institution&#039;s account and signed by the petitioner only in her capacity as Correspondent/Secretary, with no pleaded personal debt or personal transaction established against her. As the complaint was laid against her individually, and not against the institution whose account was used, the ingredients of personal liability were not made out. The Section 138 proceedings were therefore held unsustainable and quashed under Section 482 CrPC.</description>
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      <pubDate>Thu, 30 Sep 2021 00:00:00 +0530</pubDate>
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