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    <title>2018 (7) TMI 2226 - DELHI HIGH COURT</title>
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    <description>Criminal proceedings under Section 138 of the Negotiable Instruments Act could not be sustained where the complaints themselves admitted that the cheques were issued only as security cheques and were to be deposited only if repayment was not made within two years. On that admitted factual basis, the essential ingredient of issuance towards a legally enforceable debt or other liability was absent, so no offence under Section 138 was disclosed. The territorial-jurisdiction objection therefore did not require adjudication, and the complaint proceedings were set aside.</description>
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      <link>https://www.taxtmi.com/caselaws?id=298672</link>
      <description>Criminal proceedings under Section 138 of the Negotiable Instruments Act could not be sustained where the complaints themselves admitted that the cheques were issued only as security cheques and were to be deposited only if repayment was not made within two years. On that admitted factual basis, the essential ingredient of issuance towards a legally enforceable debt or other liability was absent, so no offence under Section 138 was disclosed. The territorial-jurisdiction objection therefore did not require adjudication, and the complaint proceedings were set aside.</description>
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      <pubDate>Mon, 23 Jul 2018 00:00:00 +0530</pubDate>
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