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    <title>2003 (1) TMI 757 - BOMBAY HIGH COURT</title>
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    <description>A cheque issued as security, rather than in discharge of an existing liability, may not attract liability under Section 138 of the Negotiable Instruments Act where the surrounding facts support that characterisation. On the admitted facts, part payment had been made in cash and further instalments followed, while the notice did not fully reflect the cash payments already made. The trial court&#039;s view that the cheque did not represent payment of a subsisting debt was treated as a possible view. In revision against acquittal, interference is unwarranted where two views are possible and the one favourable to the accused has been adopted; the acquittal was therefore upheld.</description>
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    <pubDate>Fri, 10 Jan 2003 00:00:00 +0530</pubDate>
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      <title>2003 (1) TMI 757 - BOMBAY HIGH COURT</title>
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      <description>A cheque issued as security, rather than in discharge of an existing liability, may not attract liability under Section 138 of the Negotiable Instruments Act where the surrounding facts support that characterisation. On the admitted facts, part payment had been made in cash and further instalments followed, while the notice did not fully reflect the cash payments already made. The trial court&#039;s view that the cheque did not represent payment of a subsisting debt was treated as a possible view. In revision against acquittal, interference is unwarranted where two views are possible and the one favourable to the accused has been adopted; the acquittal was therefore upheld.</description>
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      <pubDate>Fri, 10 Jan 2003 00:00:00 +0530</pubDate>
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