cheques were not issued by the petitioners towards any legally
enforceable debts. According to the petitioners, thes aspects were not properly
appreciated by the Trial ... Instruments Act in the absence
of valid proof of a legally enforceable debt in his personal capacity. The courts
below failed to examine whether
petitioner submitted that the cheques were not issued for any legally enforceable
debt. Though the accused did not enter the witness box or produce ... respondent to prove that the cheques were issued for legally enforceable
debt. However, the complainant failed to prove the same and even then, the
Trial
probable defence, despite presumption in favour of complainant regarding
legally enforceable debt under Section 139 , onus shifts again on
complainant to prove his financial capacity ... bears his
signature, there is presumption that there exists a legally enforceable debt
or liability under Section 139 of the NI Act and such
prove the cheque was issued in discharge
of legally enforceable debt.
6.He further submitted that when the respondent was silent with regard ... that the cheque was not issued in discharge of any legally enforceable
debt or liability. Such rebuttal must be made by way of cogent evidence
further contended in the reply that there was no legally
enforceable debt between the accused and the complainant. In the reply
notice, the accused ... been quantified or
crystallized and there is no legally enforceable debt and therefore, the
summary trial proceedings under Section 138 N.I.Act have
respondents directly, hence, there is no
legally enforceable debt is the another ground raised by the respondents.
Referring to the evidence, the trial Court held ... judis
Crl.A.No.377 of 2021
enforceable debt or liability is the defence taken by the respondent. The cross
examination cannot be taken
issue any cheque in favour of the respondent
for any legally enforceable debt.
10. According to the respondent, the alleged borrowal was made during ... raises a
presumption that the cheque was issued for legally enforceable debt. However,
both the presumptions are rebuttable in nature and in the present case
petitioner, the cheque was not issued for any legally
enforceable debt and the same was issued only for security purpose. Though
the petitioner had certain ... purpose of Section 138 . This expression means a legally
enforceable debt or other liability. Section 138 treats
dishonoured cheque as an offence, if the cheque
raise a
probable defence wherein the existence of a legally
enforceable debt or liability can be contested. The
words ‘until the contrary is proved’ occurring ... probable
defence which creates doubts about the existence of a
legally enforceable debt or liability, the prosecution can
fail. As clarified in the citations
prove that the cheque was issued by the
respondent for legally enforceable debt. Further the lower appellate Court, in
the absence of any supporting evidence ... cheque should have been issued. The period of limitation
for legally enforceable debt is from the date of borrowing or from the date of
acknowledgment
