CHESONS ENTERPRISES Vs. CADIZ PHARMACEUTICALS PVT. LTD.

JUDGEMENT

(1.) Crl. M.A. 15326/2020 (Exemption)

(2.) Application is disposed of. CRL.M.C. 2149/2019 and CRL. M.A. 15325/2020 (Stay)

(3.) Ms. Pankhuri, learned counsel for the petitioner submitted that at the time of entering into the Agreement/Distributor Profile Form, the cheque in question was given as security and not towards the discharge of any debt or liability. In this regard, learned counsel referred to Column No. 22 of the aforementioned Agreement where the details of the cheque in question were given. It is thus contended that as the cheque was given only towards the security and not towards discharge of any debt or liability, no offence under Section 138 of the Negotiable Instruments Act, 1881 was committed by the petitioner.