enforceable debt' is not mentioned in the main Section, it would be clear that a debt or liability shall be legally enforceable, when ... debt or liability.
24. Explanation to Section 138 of the Act provides that debt or liability under this Section means only a legally enforceable
procedural requirements of section 138 are:
• There is a legally enforceable debt.
• The drawer of the cheque issued the cheque to satisfy part or whole ... cheque was drawn by the drawer for discharge of any legally enforceable
debt or other liability;
(iii) The cheque was returned unpaid by the bank
does indeed include the existence of a legally
enforceable debt or liability. To that extent, the
impugned observations in Krishna Janardhan
Bhat ... Accused to
raise a defence wherein the existence of a legally
enforceable debt or liability can be contested.
However, there can be no doubt that
cheque is well
recognized mode of payment and presumption of legally
.
enforceable debt or liability in favour of drawer of cheque.
Reliance is placed upon ... issuance of cheque and signatures thereupon are admitted,
presumption of legally enforceable debt in favour of the
drawer of the cheque arises
complainant and holding that he failed to prove there existed legally
enforceable debt. The trial Court committed another error in disbelieving the
bills and ledger ... cheques were issued by the accused for
discharge of legally enforceable debt but also the existence of legally
enforceable debt. Therefore, no burden casts
time barred debt-No
valid acknowledgement of debt before expiry of three years
from date of loan-Debt not legally enforceable at the time ... discharge of a time
barred debt. It cannot be said that a time barred debt is a
legally enforceable debt
taken any loan from the complainant and no
legally enforceable debt existed at the time of issuance of cheques to
the complainant, and
Advocates ... procedural requirements of section 138
are:
There is a legally enforceable debt.
The drawer of the cheque issued the cheque to satisfy part or whole
grounds:
(a) The complainant could not prove existence of any
legally enforceable debt or liability against the
appellant;
(b) The trial Court committed serious error ... contended that the complainant has not proved
existence of any legally enforceable debt or liability against the
appellant. He contended that the complainant has failed
ground that the
cheque was not given for a legally enforceable debt. Not only
the complainant had made a transaction through the bank ... that there is a default
in paying the bank the legally enforceable debt.
3.5. Affidavit-in-reply is filed by the respondent denying all
allegations
debt or other liability means a legally enforceable debt or
other liability, which the complainant has failed to prove and
accordingly, the learned trial Judge ... discharge the
initial burden cast upon him to prove the legally enforceable
debt,the learned trial Judge has rightly concluded in favour of the
respondent
