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
transaction between the appellant and
the respondent and there is legally enforceable debt and
towards discharge of the said legally enforceable debt ... cheque was
issued towards discharge of legally enforceable debt
therefore upon raising doubt in its mind had acquitted the
respondent for the offence punishable under
Court has failed to consider that, there exist no any
legally enforceable debt against the Appellant/Accused, thereby there
exist no any recoverable debt against ... taken up a contention that,
there was no any legally enforceable debt for issuance of the cheques
Ex.P1 and Ex.P2 infavour
complainant has utterly failed
to prove the existence of the legally enforceable debt
against the accused. Hence the question of drawing
presumption ... Amruthraj . wherein it is held
that, Dishonour of cheque - Legally enforceable debt -
Failure to prove considering conduct of accused to find out
as to whether
accused has issued cheque in
question in discharge of legally
enforceable debt or liability as
contended by it?
2) Whether the complainant further
proves that ... days
thereafter is well within time.
10. As regard to legally enforceable debt or liability, in
2010 (11) SCC 441 - ( Rangappa Vs Sri. Mohan
reasonable doubt that accused in order to
discharge his legally enforceable debt, he
has issued him two postdated cheques i.e.,
cheque bearing No.620598 ... Section 139
includes a presumption that there exists a
legally enforceable debt or liability. This is of
course in the nature of a rebuttable
presumption
question was issued regarding discharge
of a legally recoverable or enforceable debt and these
presumptions are mandatory presumptions that are
required to be raised ... question and filed the false case though
there is no legally enforceable debt. It is settled law
that, once the issuance of the cheque infavour
accused has issued cheque in question in
discharge of legally enforceable debt or
liability as contended by her?
2) Whether the complainant further proves
that ... constitutes enforceable
contract between the parties and as such any payment made
under in pursuance such agreement is duly enforceable debt or
liability
accused has issued cheque in question in
discharge of legally enforceable debt or
liability as contended by him?
2) Whether the complainant further proves
that ... constitutes enforceable
contract between the parties and as such any payment made
under in pursuance such agreement is duly enforceable debt or
liability
debt or other liability referred to in
section means a legally enforceable debt or other
liability. The alleged liability to repay an unaccounted
cash amount ... said to be a cheque issued in
discharge of a legally enforceable debt or liability within
the meaning of explanation of section
