1915 (3) TMI 2

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..... he terms of Section 20 of that Act. 2. The facts are not in dispute. And if the cheque is sufficient for the purpose of Section 20 then this, appeal must fail. 3. It seems to me clear that if a cheque be delivered to a payee by way of payment and is received as such by him it operates as payment and is an extinguishment to that extent of the debt, though this is no doubt subject to a conditi .....

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..... hat this proviso was inserted as a sort of a trap to enable debtors to escape from the result of what they have done, and yet that would be the practical result of the argument advanced on behalf of the appellant. It seems to me that the words of the Act are amply satisfied by the circumstances of this case and I say this notwithstanding the decision in the case of Mackenzie v. Tiruvengadathan, wh .....

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