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august 2002

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.

I.C.D.S. LTD. vs BEENA SHABEER · Niyam