wherein his evidence indicates that, it is the
legally enforceable debt. Even otherwise as per Section
25(3) of Indian Contract Act 1872 the accused ... which is
required to be satisfied is that there is legally enforceable
debt. In the facts of the present case, as noted earlier,
the amounts
Negotiable Instruments Act because it was not
for consideration of legally enforceable debt.
5. Trial conducted. After appreciating the evidence led by the
parties, trial ... probable defence which may create doubts
about existence of legally enforceable debt or liability, then only case
of the complainant can fail, otherwise
taken any loan from the complainant and no
legally enforceable debt existed at the time of issuance of cheques to
the complainant, and
The accused ... procedural requirements of section
138 are:
There is a legally enforceable debt.
The drawer of the cheque issued the cheque to satisfy part or whole
time barred debt-No
valid acknowledgement of debt before expiry of three years
from date of loan-Debt not legally enforceable at the time ... discharge of a time
barred debt. It cannot be said that a time barred debt is a
legally enforceable debt
offence which are as under:
1. Existence of legally enforceable debt or
liability and issuance of cheque in
discharge of said debt or liability ... question was issued regarding discharge
of a legally recoverable or enforceable debt and these
presumptions are mandatory presumptions that are
required to be raised
transaction between the appellant and
the respondent and there is legally enforceable debt and
towards discharge of the said legally enforceable debt ... cheque was
issued towards discharge of legally enforceable debt
therefore upon raising doubt in its mind had acquitted the
respondent for the offence punishable under
Section 139 of N.I.Act about the existence of legally
enforceable debt forms in favour of the complainant
herein, however, the said presumption ... accused has specifically taken a contention
that there existed no legally enforceable debt between
them and that the cheque in question was given
Court has come to the conclusion that there is
no legally enforceable debt as the said transaction is civil in
nature and the cheque issued ... issued for discharge of legally
enforceable debt and therefore, the accused does not have
any obligation to pay the remaining amount till register of
sale
complainant has failed to establish that there was any legally
enforceable debt since the pleadings in the complaint if taken
on its face value, does ... lead to an inference that there was
any legally enforceable debt and therefore, the lower
9
appellate Court has rightly relied upon the decision
offence
which are as under:
1. Existence of legally enforceable debt or
liability and issuance of cheque in
discharge of said debt or liability ... question was issued regarding discharge of a legally
recoverable or enforceable debt and these
11
C.C.No.14939/2015
presumptions are mandatory presumptions that
