https://www.taxtmi.com/caselaws?id=301698 A post-dated cheque issued as security for an ascertained liability can still attract Section 138 of the Negotiable Instruments Act if the statutory ingredients are otherwise satisfied. The label "security cheque" does not by itself exclude criminal liability, because the presumption under Section 139 applies unless rebutted in trial. At the quashing stage, disputed questions about the existence of liability are not to be decided. Non-disclosure of the MOU was also not fatal, since the complaint contained the essential averments of issuance, presentation, dishonour, notice, and non-payment, so quashing was unwarranted. en-us Mon, 14 Nov 2011 00:00:00 +0530 Sat, 16 Apr 2022 11:28:05 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=301698 A post-dated cheque issued as security for an ascertained liability can still attract Section 138 of the Negotiable Instruments Act if the statutory ingredients are otherwise satisfied. The label "security cheque" does not by itself exclude criminal liability, because the presumption under Section 139 applies unless rebutted in trial. At the quashing stage, disputed questions about the existence of liability are not to be decided. Non-disclosure of the MOU was also not fatal, since the complaint contained the essential averments of issuance, presentation, dishonour, notice, and non-payment, so quashing was unwarranted. Case-Laws Indian Laws Mon, 14 Nov 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=301698