Supreme Court of India
Sampelly Satyanarayana Rao v. Indian Renewable Energy Development Agency Limited
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3 Supreme Court benches have cited this judgment.
From the headnote
Negotiable Jnsn•uments Act, 1881 : s. 138- Dishonour of post-dated cheques given for repayment of loan installment and described as "security" in loan agreement, if covered uls. 138 - Held: ·Applicability of s.138 depends on whether the cheque represents discharge of existing enforceable debt/liability or it represents advance payment without there being-subsisting debt or liability-Thus. i/bJJ the date of the cht;que. liability or debt exists , 'or the ainount becomes legally recoverable, s.138 is attracted and not otherwise.:_ In the instant case, loan was disbursed prioi· io the date of
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Where later benches applied it
- 2021 Sripati Singh (since Deceased) through His Son Gaurav Singh v. The State of Jharkhand & Anr.
- 2022 Dashrathbhai Trikambhai Patel v. Hitesh Mahendrabhai Patel & Anr
- 2021 Sunil Todi & Ors. v. State of Gujarat & Anr.
Of those, 1 relied on · 2 referred to
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