Supreme Court Upholds Conviction as Husband Failed to Explain Wife’s Death in Matrimonial Home  ||  Supreme Court: Crime Scene Re-Enactment Does Not Always Violate Right Against Self-Incrimination  ||  Supreme Court: Cognizance Taken Without Hearing Accused under BNSS Section 223 is Void Ab Initio  ||  Supreme Court Upholds Will in Sister’s Favour, Says Excluding Natural Heirs is Not Suspicious  ||  Delhi HC: Absence of Public Witnesses and Videography in NDPS Recovery Relevant for Bail Decisions  ||  Raj HC Initiates Suo Motu Cognizance Over Severe Water Crisis in Jodhpur, Issues Interim Directions  ||  Del HC: Courts Cannot Direct, Monitor Inquiry Into Police Delay in Investigation After Bail Decision  ||  Supreme Court: After the BNSS, a Pre-Cognizance Hearing is Mandatory in PMLA Cases  ||  SC: Landowners Cannot be Forced to Waive Statutory Compensation to Claim Other Benefits  ||  Supreme Court: Banks are Lenient With Big Borrowers But Strict With Ordinary Loan Applicants    

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