Supreme Court of India · 2002-08-12
I.C.D.S. LTD. vs BEENA SHABEER
- Citation / case number
- SC 2000/18588
- Court
- Supreme Court of India
- Petitioner
- I.C.D.S. LTD.
- Respondent
- BEENA SHABEER
- Author
- Y.K. SABHARWAL. UMESH C. BANERJEE
- Bench
- Y.K. SABHARWAL. 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. The Court held that a cheque issued as security does not constitute a discharge of a debt or liability under Section 138, affirming the High Court's decision that no complaint lies in such cases. The ruling clarified that the issuance of a cheque must be for immediate payment of money to invoke the provisions of Section 138.