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
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 ... debt or
other liability. Further, explanation to this section defines the
debt and other liability to mean a legally enforceable debt or
other liability
debt or
other liability. Further, explanation to this section defines the
debt and other liability to mean a legally enforceable debt or
other liability ... enforceable debt. The fact remains that there appears
nothing on record to substantiate the claim of the complainant
that the debt was legally enforceable debt
2017
cheque was not issued for legally enforceable debt. It is further submittted
that if the executants admits the execution of the cheque, the holder ... presumption that the cheque was issued for a legally
enforceable debt. But the learned Appellate Judge had wrongly dislodged
the said presumption and acquitted
Court that the cheque
was issued only for a legally enforceable debt. Since the accused had
successfully rebutted the initial presumption that arose in favour ... Instruments Act that the cheque has been issued for a legally enforceable
debt. Once the complainant gets into the box and substantiates his allegation
with
petitioner in favour of the respondent for
any legally enforceable debt and that the complaint has been filed just to
wreck vengeance and cause harassment ... that the same has been issued for discharging legally enforceable debt.
He submits that the pleas raised by the petitioner in this petition
Court that the cheque
was issued only for a legally enforceable debt. Since the accused had
successfully rebutted the initial presumption that arose in favour ... Instruments Act that the cheque has been issued for a legally enforceable
debt. Once the complainant gets into the box and substantiates his allegation
with
cheque for Rs.1,25,000/-
towards discharge of legally enforceable debt. When the said
cheque was presented for payment, the same got dishonoured
stating ... said that there was a legally enforceable liability,
rightly concluded that there is no legally enforceable debt to be
discharged by the accused
question was issued regarding discharge
of a legally recoverable or enforceable debt and these
presumptions are mandatory presumptions that are
required to be raised ... includes a presumption that there exists a
legally enforceable debt or liability - However
such presumption is rebuttable in nature -
Criminal Trial - Proof - Presumptions -
Generally. Further
question was issued regarding discharge
of a legally recoverable or enforceable debt and these
presumptions are mandatory presumptions that are
required to be raised ... includes a presumption that there exists a
legally enforceable debt or liability - However
22
C.C.No..8490/2018 J
such presumption is rebuttable
