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
petitioner to the complainant in
discharge of any legally enforceable debt and by ignoring the total absence of
evidence in this regard, the Courts below ... that the issuance of instrument was in discharge of
a legally enforceable debt. In support of his aforesaid argument, learned counsel
has placed reliance upon
right of the person enforcing it. If there is no legal impediment
for enforceability of a debt or other liability in general, disability ... enforce such right to recover such debt or liability does
not render such debt or liability not legally enforceable debt or liability. The
.
intention
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
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
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
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
under Section 138 can be enforced only when
the cheque is issued in discharge of any legally enforceable
debt or other liability, partly or wholly ... enforced only when the cheque is issued in discharge of
any legally enforceable debt or other liability, partly or wholly.
Where a cheque is issued
failed to prove that the cheque was issued
towards legally enforceable debt or liability.
4. The trial Court, after considering the evidence led and
submissions ... debt or other liability.
The explanation to section 138 makes it clear that "debt or other liability"
means legally enforceable debt or other
