2001 (6) TMI 830

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....K. Chandra Shekhara Das, J. 1. Heard learned counsel for the petitioner, None appeared for the Respondent No. 1. 2. This matter arises under Section 138 of the Negotiable Instrument Act. The Respondent filed a complaint before Additional Chief Metropolitan Magistrate on account of the dishonouring of a cheque of Rs. 10,000/- issued by the petitioner on 8.12.1998. The aforesaid cheque was dis....

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.... to pay a sum of Rupees 1,95,000/- as accumulated over a period of time to my client. In satisfaction thereof you alongwith your brother visited my client's office and gave your 7 personal cheques all drawn in Vijaya Bank, Borivali branch dated 8.12.1998 for Rs. 17,000/- each aggregating to Rs.1,19,000/- bearing Nos. 559814 to 559820. My client have now been informed on 6.4.1999 that ....

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....o give the cause of action for a complaint under section 138 of the N, I. Act. Even in the notice sent to the petitioner it has not been mentioned that the drawer of the cheque has taken over the liability of the petitioners 2 and 3. "Any liability" occurred in the section is only to mean that any kind of liability of the drawer; and not any other's liability, unless the payee, the drawer and ....

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....ue must be drawn for discharge of the liability of the drawer of the cheque. In other words if he has drawn a cheque for the discharge of the liability of another person without creating any document, it will not and it would not come under section 138 of the N.I. Act. 5. In view of this the cheque in question has not drawn for the discharge of the liability of the drawer namely petitioner No. ....