further made clear that it should be legally
enforceable debt or liability. In absence of
legally enforceable debt, no criminal
liability could be fastened upon ... cheque in question came to be
issued for discharge of legally enforceable
debt, no criminal liability could be fastened
upon him.
4. In view
beneficially owned. The decree
has become final and the certificate for
enforcement of the decree in a foreign country
has also been granted ... operated and the Gujarat
Company ended being liable to enforceable debt
to the respondent, which
holding that the complainant has failed to prove the
legally enforceable debt. That, in fact, the complainant is
running his business of cheque discounting
holding that the complainant has failed to prove the
legally enforceable debt. That, in fact, the complainant is
running his business of cheque discounting
complied with.
(B) Whether the debt is a legally enforceable debt when
it is incurred without following the mandatory provisions
further submitted
that complainant has failed to prove a legally enforceable debt
which is sine qua non for an offence punishable under Section ... further submitted
that complainant has failed to prove a legally enforceable debt
which is sine qua non for an offence punishable under Section
court wrongfully recorded the finding that the same
was not legally enforceable debt and the complainant failed
to prove that
complainant to
prove that the cheque was issued towards the legally enforceable debt of
the complainant. That the complainant has failed to prove that when ... 1325/2019 ORDER
cheques were drawn, there was an existing enforceable debt or liability of
the complainant against the drawer of the cheque. That
further submits
that complainant has miserably failed to
establish any legal enforceable debt on the part
of the applicant. Learned advocate for the
applicant
court wrongfully recorded the finding that the same
was not legally enforceable debt and the complainant failed
to prove that
