Supreme Court of India
Commissioner of Customs, Kandla v. Essar Oil Ltd. and Ors.
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From the headnote
Fraud-Cheque with declaration of sufficiency of funds-Issued on indication of willingness by financial institution to provide necessary funds- On likelihood of its return for insufficiency of funds, drawer asking its bank time and arranging them after over two weeks whereupon cheque was honoured-Held that at the most there was assurance by financial institution to provide funds which could not be equated with funds already available As drawer of cheque was aware about non-availability of funds, it was a case of misdec/aration with fraudulent motive. Customs Act, I 962 Duty payment by
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