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
heard to say that there exists no liability or
legally enforceable debt. It was also submitted that the fact
that the debt is legally recoverable ... discharge, in whole or in part, of any legally enforceable
debt or other liability. It was submitted that in the facts of the
present case
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
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debt or other liability means a legally enforceable debt or
other liability, which the complainant has failed to prove and
accordingly, the learned Sessions Judge ... debt or
other liability. Further, explanation to this section defines the
debt and other liability to mean a legally enforceable debt or
other liability
Code, is
that of denial of any legally enforceable debt.
Considering incriminating oral as well as documentary
evidence, the respondent was held guilty under
section ... whether succeeded in proving the initial
burden of existence of legally
enforceable debt?
If the answer is in affirmation,
whether the respondent
payment of portion of loan by mortgage
would not constitute a debt enforceable against the mortgagee. Mr.
Naik further relying upon the ratio laid down ... such, the same would not
constitute any enforceable debt as per the provisions of Section 58
of the Transfer of Property Act. It is further
enforceable debt or other liability. It was submitted that a time
barred debt cannot by any means be said to be a legally enforceable
debt ... debts. The explanation to section
138 of the Act provides that for the purpose of the said section,
debt or liability means a legally enforceable
that the complainant when reasonably proves the
legally existing and legally enforceable debt, it
is for the respondent to dislodge the same ... this section, 'debt or other
liability' means a legally
enforceable debt or other liability.
139. Presumption in favour of
holder. -It shall
ground that the
cheque was not given for a legally enforceable debt. Not only
the complainant had made a transaction through the bank ... that there is a default
in paying the bank the legally enforceable debt.
3.5. Affidavit-in-reply is filed by the respondent denying all
allegations
debt or other liability means a legally enforceable debt or
other liability, which the complainant has failed to prove and
accordingly, the learned trial Judge ... discharge the
initial burden cast upon him to prove the legally enforceable
debt,the learned trial Judge has rightly concluded in favour of the
respondent
