Supreme Court · 2014 INSC 351 · Decided 7 April 2014
M/S. Indus Airways PVT. LTD. & ORS. v. M/S. Magnum Aviation PVT. LTD. & ANR.
- Court
- Supreme Court of India
- Citation
- 2014 INSC 351 · [2014] 5 S.C.R. 56
- Case number
- CRIMINAL APPEAL No. 830/2014
- Decided
- 7 April 2014
- Bench
- RAJENDRA MAL LODHA, SHIVA KIRTI SINGH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- NI Act Section 138
Headnote
Negotiable Instruments Act, 1881 - s. 138 - Post-dated cheques issued by purchasers as advance payment in C respect of purchase orders - If could be considered in discharge of legally enforceable debt or other liability, and, if so, whether dishonour of such cheques amounts to For a criminal liability to be made out u/s.138, there should be legally enforceable debt or other liability D subsisting on the date of drawal of the cheque - Payment by cheque in the nature of advance payment indicates that at the time of drawal of cheque, there was no existing liability -
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