Supreme Court Explains: Debt Becoming Financial & Operational Debt  ||  P&H HC: Model Code of Conduct Can’t Stand in Way of Execution of Judicial Order  ||  Chh. HC: Can’t Build Matrimonial Home With Bricks & Stones, Love & Respect Between Spouses Required  ||  Ker. HC: Fitting of Sensors in Buses Used as Stage Carriages Can’t be Insisted by Registration Author  ||  Kar. HC: Can’t Consider Party’s Declaration, Promise of Policies as Corrupt Practise under RP Act  ||  Bom. HC: Public Sector Banks Not Empowered to Issue Look Out Circulars Against Loan Defaulters  ||  Mad. HC: Child Needs Safe & Caring Environment While Growing up, Corporal Punishment Not a Solution  ||  Mad. HC: 2020 Amendment to Public Premises (Eviction of Unauthorised Occupants) Act, Struck Down  ||  Del. HC: Persons Not Accused of Deceiving Others Should Handle Haj Pilgrims  ||  Del. HC: Centre Directed to Decide Plea to Recruit Women Through CDS, Within Eight Weeks    

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 2024 - All Rights Reserved