Supreme Court Stays Kerala FIR Probe Against Ex-CM Pinarayi Vijayan, Kin for 10 Days  ||  Supreme Court: Courts Can Intervene When Free and Fair Elections are Tainted by Illegal Means  ||  Delhi HC: CJP Leaders Saurav Das, Ashutosh Ranka Withdraw Plea Against Judicial Custody  ||  Bombay HC Fines Junior Advocate Rs. 25K, Clerk Rs. 10K for Unauthorised Court Video Recording  ||  Bombay HC Expresses Concern as Mumbai Surpasses Delhi in Pollution Levels  ||  Supreme Court: Section 17A PC Act Does Not Cover Bribe Demands Unrelated to Official Duty  ||  Supreme Court Directs Centre to Promote Interim Compensation Scheme for Road Accident Victims  ||  Karnataka High Court Upholds Homicide Charge Against Father for Letting Minor Son Drive  ||  Karnataka High Court Grants Bail to Pan Masala Maker in Rs. 42 Crore Cess Evasion Case  ||  Karnataka High Court: Advocates Practising Without Clearing AIBE May Face Criminal Action    

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