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    <title>2023 (11) TMI 669 - KERALA HIGH COURT</title>
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    <description>A dishonoured cheque does not attract Section 138 of the Negotiable Instruments Act unless the complainant proves that it represented an existing legally enforceable debt or liability. Where the vehicle secured under a hire-purchase arrangement had already been seized and sold before the cheque date, and no material was produced to show the sale proceeds, repayment adjustments, or computation of the alleged balance, the court treated the complainant&#039;s version with caution. The facts supported the defence that the cheque was given as a blank security cheque at the time of the loan transaction, and the enforceable debt on the date of the cheque was not established.</description>
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    <pubDate>Tue, 31 Oct 2023 00:00:00 +0530</pubDate>
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      <title>2023 (11) TMI 669 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=445778</link>
      <description>A dishonoured cheque does not attract Section 138 of the Negotiable Instruments Act unless the complainant proves that it represented an existing legally enforceable debt or liability. Where the vehicle secured under a hire-purchase arrangement had already been seized and sold before the cheque date, and no material was produced to show the sale proceeds, repayment adjustments, or computation of the alleged balance, the court treated the complainant&#039;s version with caution. The facts supported the defence that the cheque was given as a blank security cheque at the time of the loan transaction, and the enforceable debt on the date of the cheque was not established.</description>
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      <pubDate>Tue, 31 Oct 2023 00:00:00 +0530</pubDate>
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