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.