SC: Amendments to Government Orders Must Be Construed Fairly to Prevent Hardship  ||  SC: Divorce Settlement Waiver Bars Revival of Monetary Claim under DV Act  ||  Supreme Court: Plaint Cannot Be Rejected Where Ad Valorem Court Fee Depends on Disputed Facts  ||  SC: Bail in Serious Offences like Murder Cases Must be Supported by Clear and Justifiable Reasons  ||  Gauhati HC: Legal Heir Not Made Party Can Challenge Ex-Parte Succession Certificate  ||  Allahabad HC: Hijab Not Essential Islamic Practice, Rejects Plea to Wear It With School Uniform  ||  Gauhati HC: 24-Hour Limit for Magistrate Production Starts From Initial Detention under NDPS Act  ||  Gujarat HC Orders Human Verification of AI-Generated Case Law in Tax Orders, Warns of Contempt  ||  Madras HC: Pending Domestic Violence Case Alone Cannot Curtail Husband’s Right to Travel Abroad  ||  Rajasthan HC: Son’s Coparcenary Claim Fails without Proof of Hindu Undivided Family    

Mahinder Singh Bhasin v. Ssangyong Engineering & Construction Co. Ltd. - (High Court of Madhya Pradesh) (14 Aug 2015)

Post-dated cheques given as security against advance do not constitute a legally enforceable liability

MANU/MP/0850/2015

Banking

When cheques are given as security against an advance, and could not be encashed unless the account between the parties was settled, the amount of such cheques cannot be considered a “debt or other liability”. Since the dispute between the parties was not settled and the Respondent had to pay for expenditure by the Applicant to fulfil the terms and conditions of the sub-contracting agreement, the cheques given by the Applicant to the Respondent could not be prematurely encashed, particularly since they were post-dated. Unless the dispute between the parties was settled, the cheques given as security did not satisfy the definition of a legally enforceable liability.

Relevant : Section 138 Negotiable Instruments Act, 1881 Act M.S. Narayana Menon @ Mani Vs. State of Kerala and another MANU/SC/2881/2006 Indus Airways Private Limited Vs. Magnum Aviation Private Limited and another MANU/SC/0288/2014 State of Haryana Vs. Ch. Bhajanlal MANU/SC/0115/1992

Tags : CHEQUE   DISHONOUR   ENFORCEABLE LIABILITY   POST-DATED  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved