https://www.taxtmi.com/caselaws?id=311480 A cheque issued merely as security, and not towards discharge of an existing legally enforceable debt or liability, does not by itself attract Section 138 of the Negotiable Instruments Act. On the facts, the complainant's request for blank cheques and bank guarantee, together with the drawer's reply and surrounding correspondence, supported a probable defence that rebutted the Section 139 presumption. The objection to secondary evidence of the cheque was also found inadequately supported, but that evidentiary defect did not justify disturbing the acquittal because the trial court's ultimate view on liability was correct. en-us Fri, 06 Jul 2012 00:00:00 +0530 Mon, 08 Jan 2024 16:03:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=311480 A cheque issued merely as security, and not towards discharge of an existing legally enforceable debt or liability, does not by itself attract Section 138 of the Negotiable Instruments Act. On the facts, the complainant's request for blank cheques and bank guarantee, together with the drawer's reply and surrounding correspondence, supported a probable defence that rebutted the Section 139 presumption. The objection to secondary evidence of the cheque was also found inadequately supported, but that evidentiary defect did not justify disturbing the acquittal because the trial court's ultimate view on liability was correct. Case-Laws Indian Laws Fri, 06 Jul 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=311480