could not be invoked to satisfy an alleged legally
enforceable debt or liability. Reliance has been placed on Womb
Laboratories Pvt. Ltd. v. Vijay Ahuja ... reiterated that the cheque must be in discharge of a legally
enforceable debt. Reliance is also placed on Shanku Concretes Pvt. Ltd. v.
State
would be attracted in case of legally enforceable debt
or other liability subsisting on the date of drawal of the cheque. Reliance has
also been ... mature for presentation as in
effect, it was towards a legally enforceable debt or liability. Thus, it is prayed
that the present petition
exists a legally enforceable debt. However, the
Petitioner claims that since the debt was time barred, there existed no legally
enforceable debt ... barred debt
effectively resurrects the debt itself by a fresh agreement
through the deeming provision under section 25(3) of ICA.
The original debt therefore
being a crucial document
establishing the existence of a legally enforceable debt.
9. It is further submitted that respondent no. 2, in his insolvency
proceedings ... petitioner, which corroborates the petitioner's claim that a legally
enforceable debt exists in the instant case and therefore, the learned MM
passed
maintainable if
there is an existence of a legally enforceable debt, which is absent in this
case.
14. The correspondence in August, 2016 created ... underlying debt it is meant to secure. If the underlying debt is extinguished
or altered, the security for it, cannot be enforced
supplied)
7.3 That the respondent was not liable for any legally enforceable
debt : Mr. Rashid submits that the learned Magistrate has dealt
with this issue ... same. Accused has been able to rebut the
presumption of legally enforceable debt to the amount of cheque
in question. Thereafter, the onus had shifted
supplied)
7.3 That the respondent was not liable for any legally enforceable
debt : Mr. Rashid submits that the learned Magistrate has dealt
with this issue ... same. Accused has been able to rebut the
presumption of legally enforceable debt to the amount of cheque
in question. Thereafter, the onus had shifted
that the cheques in question were not issued
towards any legally enforceable debt or liability, but had been handed
over as signed blank cheques ... question must have been issued in
discharge of a legally enforceable debt or liability. However, Section
139 of the NI Act provides that once
raise a probable defence wherein the existence of a
legally enforceable debt or liability can be contested. The words "until the
contrary is proved ... could not
establish the alleged transaction of investment or a legally enforceable debt.
Upon an appraisal of the evidence and circumstances adduced by the
Respondents
raise a probable defence wherein the existence of a
legally enforceable debt or liability can be contested. The words "until the
contrary is proved ... could not
establish the alleged transaction of investment or a legally enforceable debt.
Upon an appraisal of the evidence and circumstances adduced by the
Respondents
