https://www.taxtmi.com/caselaws?id=418598 A cheque expressly recorded as a security cheque in a settlement deed does not attract Section 138 of the Negotiable Instruments Act, 1881 unless it is issued towards a subsisting legally enforceable debt or liability. Where the civil execution orders forming the basis of the settlement had already been quashed, the attachment and consequential steps also lost their legal foundation. On that footing, continuation of the complaint and the process order under Section 204 of the Code of Criminal Procedure, 1973 constituted abuse of process and could not be sustained. en-us Thu, 10 Feb 2022 00:00:00 +0530 Mon, 21 Feb 2022 08:17:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=418598 A cheque expressly recorded as a security cheque in a settlement deed does not attract Section 138 of the Negotiable Instruments Act, 1881 unless it is issued towards a subsisting legally enforceable debt or liability. Where the civil execution orders forming the basis of the settlement had already been quashed, the attachment and consequential steps also lost their legal foundation. On that footing, continuation of the complaint and the process order under Section 204 of the Code of Criminal Procedure, 1973 constituted abuse of process and could not be sustained. Case-Laws Indian Laws Thu, 10 Feb 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=418598