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When a cheque has been given only as a security and not as repayment of loan , will it be an offence under section 138 of NI Act if it is made out for dishonour of cheque, when this cheque is dishonoured ?

Posted by jobseeker Sparsh Bhardwaj | Approved
Answers (1)

No, it will not be an offence under Section 138 of the Negotiable Instruments (NI) Act if the cheque was given only as security and not for repayment of a loan or liabilit.
Section 138 applies only when a cheque is given to repay a legally enforceable debt or liability.
If the cheque was given just as a security, and no payment was actually due at the time the cheque was presented, then Section 138 does not apply.

Answered by jobseeker Surabhi rai | Approved

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