2000 (12) TMI 925

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....f the said liability, the accused issued a cheque for Rs. 1,50,000/- on 28.4.1999. The complainant presented the cheque on 21.10.1999 for encashment. But, the said cheque was returned on 2.11.1999 with the endorsement "insufficiency of funds" and the same was intimated by the Bank on 6.11.1999. It is mentioned in the complaint that the cheque in question was issued when the balance due from the accused was Rs. 1,01,574/-, since the excess amount could be for the future purchase. After dishonour, the complainant issued a notice to the accused on 17.11.1999. On receipt of notice, the petitioner sent a reply admitting the issuance of the cheque, but stating some false allegations. Therefore, the complainant had filed the complaint. 3. Seeki....

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.... the point in relation to security, I am of the view that whether the cheque was given as security or towards discharge of liability is a question to be decided by the Trial Court during the course of trial. Therefore, the point regarding issuance of cheque as security cannot be urged at this stage before this Court. 8. Another point raised by the Counsel for the petitioner regarding absence of existing liability in respect of the entire cheque amount requires consideration. 9. It is true that the complainant in the complaint would say that the cheque was issued for Rs. 1,50,000/-, even though the liability as on the date of issuance of cheque was of Rs. 1,01,574/-. There is no dispute in the fact that the statutory notice was issued ....