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august 2002

Supreme Court of India · 2002-08-12

I.C.D.S. Ltd vs Beena Shabeer & Anr

Court
Supreme Court of India
Petitioner
I.C.D.S. Ltd
Respondent
Beena Shabeer & Anr
Author
Umesh C. Banerjee
Bench
Umesh C. Banerjee

Judgment text excerpt

The Supreme Court addressed the maintainability of a proceeding under Section 138 of the Negotiable Instruments Act, 1881, concerning a guarantor's liability. The Court held that a cheque issued as security does not constitute a discharge of a debt or liability under Section 138, thus affirming the High Court's ruling that no complaint lies against a guarantor in such circumstances. The decision clarified the interpretation of 'debt or other liability' as it pertains to the issuance of cheques in the context of guarantees.

I.C.D.S. Ltd vs Beena Shabeer & Anr · Niyam