1 (53)NMS.5.2911-S.7.2011.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 05 OF 2011 IN SUIT NO. 07 OF 2011 Ushma Jewellery & Packaging Exports Pvt. Ltd. & Ors. ...Plaintiffs Vs, State Trading Corporation of India Ltd. ...Defendant Mr. Dinyar Madon, Sr. Advocate a/w. Mr. Aditya Mehta along with Mr. Vinay Bhanushali, Advocates i/b. Divya Shah for Plaintiffs None for Defendant CORAM : SMT. ROSHAN DALVI, J. DATED : 4TH OCTOBER, 2011 P.C. : 1. The Plaintiffs are stated to have issued 31 cheques in favour of the Defendant Corporation which have been dishonoured. 11 proceedings under Section 138 of the Negotiable Instrument Act are filed and are pending. These proceedings cannot be injuncted under Section 41(d) of the Specific Relief Act. 2. The Plaintiffs claim that the cheques were given by way of security and not for deposit. 3. There have been various transactions between the parties. The issue of cheques for security does not mean that the cheques cannot be used as negotiable instruments by the payee, if the liability between the parties is otherwise not discharged. The concept of issue of 2 (53)NMS.5.2911-S.7.2011.sxw cheques as security would mean that if the drawer of the cheques otherwise discharges liability to the payee, the cheques would be returned. The liability is not shown to be discharged. Hence the cheques cannot be returned by the Civil Court. 4. The Notice of Motion is misconceived and, therefore, dismissed. 5. The Plaintiffs may apply for return of cheques after the criminal prosecution is over. (SMT. ROSHAN DALVI, J.)