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
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
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
Appellants to have prove their case of there being
legally enforceable debt or liability.
31. Reliance has been placed on M.S. Narayana Menon @ Mani ... probable
defence which creates doubts about the existence of a legally enforceable
debt or liability, the Complainant's case must fail. For this purpose
date of dishonour of Cheque, there was no
"legally enforceable debt/legal subsisting liability" existing, the Complaint
was not maintainable ... kind that the sum does not represent a legally
enforceable debt at the time of maturity or encashment, the offence is not
made
position is nuanced.
27. The determining factor is whether a legally enforceable debt or
liability exists on the date the cheque is presented for encashment ... debt".
II. Whether the cheque was in excess of the Legally Recoverable Debt:
36. The second issue is that whether a legally enforceable debt
which later
crystallised, making the cheque amounts payable towards a legally
enforceable debt. Reliance is placed on the judgment of this Court ... that "debt or other liability"
must be a legally enforceable debt or liability. Neither Section 138 nor its
Explanation, requires that such debt
account maintained by the drawer and
issued towards a legally enforceable debt. In the present case, there was no
legally payable debt, the alleged loan ... thus, in absence of a contractual relationship
or a legally enforceable debt, a Complaint under Section 138 NI Act is not
maintainable
would amount to double jeopardy as there is only one legally
enforceable debt.
11. The learned counsel for the Respondent/ Complainant, on the other
hand ... argued that there is a legally enforceable debt in so much as
Signature Not Verified
Signed By:VIKAS CRL.M.C. 5779/2018 Page
subsequent proceedings were
non-est as there survives no legally enforceable debt in respect of which the
second Complaint could have been filed. The previous ... even though it has been held that there was no legally
enforceable debt which survived on which the subsequent Complaint could
be filed, but even
