Explanation. - For the purposes of this section, `debt or
other liability' means a legally enforceable debt or other
liability.
139. Presumption in favour ... whole or in part of any
debt or other liability which presupposes a
legally enforceable debt; and
(iii) that the cheque so issued had been
that the Sessions Court failed to believe that there was a legally enforceable debt and that the accused gave Ex. P-l cheque towards discharge ... complainant, the learned Sessions Judge rightly observed that there was no legally enforceable debt against the accused and he did not issue any cheque
purposes of this
section, "debt or other liability" means a legally enforceable debt
or other liability.
Section 139- Presumption in favour of holder ... whole or in part of any debt or
other liability which pre-supposes a legally enforceable
debt; and
III. That the cheques so issued
notice. Explanation.— For the purposes of this section, “debt or other liability” means a legally enforceable debt or other liability
enforceable debt
or liability and the same was
dishonored for ‘ Funds Insufficient’
and even after deemed legal notice the
accused has not paid the debt ... probable
defense which creates doubts about the
existence of a legally enforceable debt or
liability, the prosecution can fail. By
judgment dated 20.02.2015, the accused
notice.
Explanation.—For the purposes of this section, “debt of other liability” means a legally enforceable debt or other
liability.”
11
It was held that ... provides that ‘debt or any
other liability’ means a legally enforceable debt or other liability. The proviso to
Section 138 stipulates that the cheque must
whole or part’ of any
debt or other liability. ‘Debt or other liability’ means legally enforceable
debt or other liability; and
(iii) The cheque ... legally
enforceable debt at the time of its drawing, for the offence to be attracted, the
cheque must represent a legally enforceable debt
initiated for the discharge, in whole or in part, of any debt or other liability. (3) It shall not be a defence in a prosecution ... admit. Explanation. - For the purpose of this section, "debt or other liability" means a legally enforceable debt or other liability, as the case
proved, such
presumption would hold good; that the complainant had proved legally
enforceable debt in the oral as also documentary evidence, including the
written acknowledgment ... complainant succeeds in showing the lending of amount, the existence of
legally enforceable debt cannot be denied. The High Court also observed that
the issue
purposes of this section, "debt or other liability" means a
legally enforceable debt or other liability.
Section 139- Presumption in favour of holder ... legally enforceable
debt.
28. The Respondent has been able to rebut the presumption of the
existence of any legally enforceable debt in a very strong
