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    <title>1999 (10) TMI 764 - KERALA HIGH COURT</title>
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    <description>A cheque issued only as security does not meet the requirement of being issued in discharge of a debt or other legally enforceable liability, so prosecution under Section 138 of the Negotiable Instruments Act cannot be sustained on that basis. The complaint materials also showed inconsistency as to who had issued the cheque, reinforcing the defect in the complainant&#039;s case. On these facts, continuation of the prosecution would serve no purpose, and interference in inherent jurisdiction was warranted, with the proceedings liable to be quashed.</description>
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    <pubDate>Mon, 11 Oct 1999 00:00:00 +0530</pubDate>
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      <title>1999 (10) TMI 764 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=308588</link>
      <description>A cheque issued only as security does not meet the requirement of being issued in discharge of a debt or other legally enforceable liability, so prosecution under Section 138 of the Negotiable Instruments Act cannot be sustained on that basis. The complaint materials also showed inconsistency as to who had issued the cheque, reinforcing the defect in the complainant&#039;s case. On these facts, continuation of the prosecution would serve no purpose, and interference in inherent jurisdiction was warranted, with the proceedings liable to be quashed.</description>
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      <pubDate>Mon, 11 Oct 1999 00:00:00 +0530</pubDate>
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