deceased complainant, who filed
the present complaint. There is no legally enforceable
debt payable by the revision petitioner to the deceased
complainant. Similarly ... towards a legally enforceable debt. This Court may not
interfere with the concurrent convictions and sentences
by exercising its extra-ordinary revisional power.
Therefore
cheque was not issued
towards any legally enforceable debt. Hence, the
accused is entitled to the benefit of doubt and the
prosecution has to necessarily ... does indeed include the existence of a
legally enforceable debt or liability. To that extent, the
impugned observations in Krishna Janardhan Bhat (supra
petitioner had issued Ext P2 cheque in discharge of a
legally enforceable debt of Rs.1,50,000/-. The cheque
on presentation to the bank ... properly served on the revision
petitioner;
(ii)There was no legally enforceable debt as per
Ext P2 cheque;
Crl.R.P.No.1463/2011
filed alleging that the accused had
in discharge of a legally enforceable debt issued Ext P1
cheque dated 24.11.2007 in favour of the complainant ... accused, Ext P1 cheque
was not issued towards a legally enforceable debt.
14. A negotiable instrument, which includes a cheque,
carries the presumption of consideration
upto the complainant to
prove that there is a legally enforceable debt. He prayed
that the revision petition may be allowed.
11. As there ... that
Ext.P1 cheque was not issued towards the legally
enforceable debt as laid down in Rangappa & Kalmani
Tex (supra).
23. A negotiable
does indeed include the
existence of a legally enforceable debt or liability. To that
extent, the impugned observations in Krishna Janardhan
Bhat (supra ... 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
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
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
disputed
cheque was not issued towards discharge of a legally enforceable
debt or consideration from any of the petitioners. Therefore the
prosecution ... other partners of the firm to
discharge the above stated legally enforceable
debt owed by the 1st accused to the
complainant
could be enforced i.e. executed in the
same manner as a decree. For this limited
purpose of enforcement, the provisions of CPC
were made ... under the Insolvency Act is not a mode of
enforcing a debt; enforcement is done by taking
steps for execution available under CPC for
realising
