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    <title>2023 (10) TMI 45 - GUJARAT HIGH COURT</title>
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    <description>For liability under Section 138 of the Negotiable Instruments Act, 1881, the cheque must be drawn by the person sought to be made liable on an account maintained by that person for discharge of a debt or other liability. In examining leave to appeal against acquittal under Section 378(4) CrPC, the HC considered prima facie material showing that the disputed cheque was signed by the accused in his individual capacity, while earlier cheques were signed as authorised signatory of the company. On that material, the Court held that the relationship between the drawer, the account and the alleged liability required further consideration and granted leave to appeal.</description>
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      <description>For liability under Section 138 of the Negotiable Instruments Act, 1881, the cheque must be drawn by the person sought to be made liable on an account maintained by that person for discharge of a debt or other liability. In examining leave to appeal against acquittal under Section 378(4) CrPC, the HC considered prima facie material showing that the disputed cheque was signed by the accused in his individual capacity, while earlier cheques were signed as authorised signatory of the company. On that material, the Court held that the relationship between the drawer, the account and the alleged liability required further consideration and granted leave to appeal.</description>
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