https://www.taxtmi.com/caselaws?id=311560 A cheque described as security does not fall outside Section 138 of the Negotiable Instruments Act where the evidence shows it was issued in relation to a legally enforceable liability. The Court accepted the complainant's version, found the defence that liability had already been discharged to be unsupported, and applied the Section 139 presumption because it was not rebutted. The conviction under Section 138 was sustained. On sentence, the Court granted leniency, reduced the custodial term to imprisonment till the rising of court, and enhanced compensation to the complainant under Section 357(3) of the Code of Criminal Procedure, 1973. en-us Tue, 26 Sep 2006 00:00:00 +0530 Tue, 02 Jan 2024 17:42:27 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=311560 A cheque described as security does not fall outside Section 138 of the Negotiable Instruments Act where the evidence shows it was issued in relation to a legally enforceable liability. The Court accepted the complainant's version, found the defence that liability had already been discharged to be unsupported, and applied the Section 139 presumption because it was not rebutted. The conviction under Section 138 was sustained. On sentence, the Court granted leniency, reduced the custodial term to imprisonment till the rising of court, and enhanced compensation to the complainant under Section 357(3) of the Code of Criminal Procedure, 1973. Case-Laws Indian Laws Tue, 26 Sep 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=311560