said loan
amount i.e., 20.05.2011 to discharge his legally enforceable debt
2
C.C.NO.14783/2012
had issued in favour of the complainant ... complainant has proved that, the accused to
discharge his legally enforceable debt had issued in his favour a
post dated Cheque bearing No.079895 dated
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
Syndicate Bank,
Sanjaynagar branch, Bangalore towards the
discharge of legally enforceable debt/liability
and on its presentation for encashment, they
7 CC.15503/2017 ... this section, "debt or other liability"
means a legally enforceable debt or other
liability.
10 CC.15503/2017( J)
118. Presumptions
time
barred debt, but drawing of a cheque itself is not an
acknowledgement unless the debt was enforceable on the
date of issuance ... accused for the acknowledgment of debt. Thus, it is
crystal clear that the debt was not legally enforceable at
the time of issuance
discharge his legally
2
C.C.NO.7919/2017
enforceable debt had issued in favour of the complainant a cheque
bearing No.776995 dated ... complainant has proved that, the accused to
discharge his legally enforceable debt had issued in his favour a
cheque bearing No.776995 dated
given any
finding with regard to existence of legally
enforceable debt and there is no whisper in his
entire Judgment with regard to the fact ... that the
accused has issued Cheque towards discharge of
his legally enforceable debt.
8) The learned Magistrate ought to have considered
that the complainant
accused towards the discharge of the part payment of the
legally enforceable debt has issued 8 cheques for
Rs.50,00,000/- each of Axis ... three essential
ingredients viz; Firstly, that there is legally enforceable debt.
Secondly, that the cheque was drawn from account of bank
for discharge in whole
does indeed include the existence
of a legally enforceable debt or liability. This is
of course in the nature of a rebuttable
presumption ... 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
That apart, it is vehemently argued that there was no legally
enforceable debt against the accused and the trial court has
erroneously held that ... debt or liability payable under a wagering
contract, it could have been said that that debt or
liability is not legally enforceable
