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b) Inderjit Singh v. Sunil Kumar, 2019 SCC Online P&H 6167

A cheque given for a time-barred debt does not attract liability under Section 138 since the debt is not legally recoverable. 2. Legal Notice Was Not ServedC.C. Alavi Haji v. Palapetty Muhammed (2007) 6 SCC 555 👉Held that if the drawer of the cheque does not accept or claim the notice, it will be presumed to have been served. The accused cannot take the defense that he was unaware of the notice. 3. Cheque Given as Security Basil Mathew v. State of Kerala, 2022 SCC Online Ker 6743 👉 If a cheque is issued only as security and not towards a legally enforceable debt, proceedings under Section 138 are not maintainable.

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