accused's case was that there was no legally enforceable debt
or liability between the parties since he had not asked for a
hand ... accused had issued the cheque in
relation to a legally enforceable debt. It was observed that the
accused's failure to reply
Colony Branch, Raichur in
favour of complainant, towards
discharge of legally enforceable debt
or liability and the same was
dishonored for ‘ Funds Insufficient’
and even ... probable
defense which creates doubts about the
existence of a legally enforceable debt or
liability, the prosecution can fail. By
judgment dated 20.02.2015, the accused
this
section, "debt or other liability" means a legally enforceable debt
or other liability.
Section 139- Presumption in favour of holder
It shall ... satisfied, i.e.,
I. That there should be a legally enforceable debt;
II. That the cheque should have been drawn from the account
security and, is thus not
against a legally enforceable debt or liability. The appellant has placed reliance
on the judgment of a two judge Bench ... orders, could be
considered to be in discharge of a legally enforceable debt or other liability and
whether the dishonor of the cheques amounted
committed if the cheque that is dishonoured does
not represent the enforceable debt at the time of encashment.
Signature Not Verified
Digitally signed by
CHETAN ... whole or part’ of any
debt or other liability. ‘Debt or other liability’ means legally enforceable
debt or other liability; and
(iii) The cheque
such
presumption would hold good; that the complainant had proved legally
enforceable debt in the oral as also documentary evidence, including the
written acknowledgment ... succeeds in showing the lending of amount, the existence of
legally enforceable debt cannot be denied. The High Court also observed that
the issue regarding
advance of loan
and therefore the existence of any legally enforceable debt on the
Respondent was doubtful. The Trial Court was of the view that ... this section, "debt or other liability" means a
legally enforceable debt or other liability.
Section 139- Presumption in favour of holder
It shall
Sessions Court failed to believe that there was a legally enforceable debt and that the accused gave Ex. P-l cheque towards discharge ... learned Sessions Judge rightly observed that there was no legally enforceable debt against the accused and he did not issue any cheque for discharge
cheque was not issued for the discharge of legally enforceable debt, since the complainant appellant failed to discharge his initial burden by establishing that ... issued for discharge of a legally enforceable debt or liability and as such, the presumption under Section 139 of the Negotiable Instruments Act (for short
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
