Supreme Court · 2002 INSC 331 · Decided 12 August 2002

I.C.D.S LTD. v. Beena Shabeer and ANR.

Court
Supreme Court of India
Citation
2002 INSC 331 · [2002] SUPP. 1 S.C.R. 488
Case number
CIVIL APPEAL No. 797/2002
Decided
12 August 2002
Bench
U.C. BANERJEE, Y.K. SABHARWAL (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CrPC Section 482; Constitution Article 136; NI Act Section 138

Headnote

Negotiable Instruments Act, 1881-Section 138-Cheque issued as security from guarantor-Dishonoured-Complaint-Maintainability of­ C Held, wherever there is default on the part of one in favour of any and in the event a cheque issued in discharge of any debt or other liability there cannot be any Husband of respondent No.I entered into a hire purchase agreement D with appellant. Respondent No.I stood as a guarantor in respect of the hire · purchase facilities and issued a cheque towards part payment to appellant. Cheque was presented to bank and was dishonoured. Appellant issued

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