regard to the meaning to be assigned to
the expression `legally enforceable debt or other liability'
as contained in explanation to section ... discharge of a time barred debt. It
cannot be said that a time barred debt is a legally
enforceable debt. In this connection
Section 138 of the Act in the absence of a legal enforceable debt
between the parties, and hence, the proceedings may be quashed ... complainant must prove that there was a legal
enforceable debt between the complainant and his client. In the present
Page
their duty liability. The evasion of Central Excise
Duty is legally enforceable debt of the accused. During
the ongoing inquiry uptil now the complainant ... were not issued by his clients in discharge of any legally
enforceable debt or liability. It is submitted that the cheques
were obtained
cannot be said that
he was trying to enforce a legally enforceable debt. According to the
learned counsel, at best, the complainant can file ... admitted
liability and whether there is any legally enforceable debt for which the
cheque was issued, etc, are matters to be considered by the Trial
That in consideration and on account of the just and legally
enforceable debt i.e. towards the price for the sale, supply and delivery
should
be one relating to a legally enforceable debt or other liability.
Page 2 of 12
HC-NIC Page 2 of 12 Created ... that it has to
be a transaction which relates to legally enforceable debt
or other liability. It is quite clear that under Section
That in consideration and on account of the just and legally
enforceable debt i.e. towards the price for the sale, supply and delivery ... discharge, in whole or in part, of any legally
enforceable debt or other liability. Therefore, even with the props of legal
presumptions, the onus
under purchase order dated 21st November, 2014 the Accused
incurred legally enforceable debt and liability to the tune of
Rs.60,00,000/ (Rs. Sixty ... Lakhs Only.) The Accused No.1 to 3,
acknowledging the legally enforceable debt and liability incurred by
the Accused towards the Complainant.
6. The Complainant
this section,
"debt or other liability" means a legally
enforceable debt or other liability."
7. Clause 3.1(iii) of the agreement ... purchase order could be considered for discharge of
legally enforceable debt. The cheque was issued by way
of advance payment for the purchase order
this section, "debt or other liability"
means a legally enforceable debt or other liability."
"142. Cognizance of offences
Notwithstanding anything contained
