such a transaction, can be held to be "a legally
enforceable debt" and can be permitted to be enforced, by institution of
proceedings ... debt was a legally
recoverable debt, the liability to repay unaccounted cash amount could not
be said to be a legally enforceable liability within
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
cheque issued was not in discharge
of legal enforceable debt as Rs. 2,00,000/ was not the outstanding amount
against accused and no statement ... also includes the existence of legally
enforceable debt:
14. In light of these extracts, we are in agreement with the
respondent claimant that the presumption
issued
for a time barred debt does not amount to acknowledgment of the debt nor
does it revalidates the debt. Mere giving of a cheque ... legally enforceable liability and thus, the
cheque in question, not being issued towards a legally enforceable debt, its
dishonour would not attract the provisions
submitted
that the cheques were not issued and discharge of any
enforceable debt and liability; that the cheques were issued
by the applicant merely ... cheque as well as on deposit
of cheques, no legally enforceable debt was existing.
8. Learned advocate Mr.Thacker submitted that in
cognate matters being
been
issued by the accused in discharge of her legally enforceable debt and
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Neutral ... does not extend to the existence of a legally enforceable debt
or liability and that the same stood rebutted in this case,
keeping in mind
dishonoured by the complainant since there was no remaining legally
enforceable debt. Thus, the accused came to be acquitted.
8. The learned counsel ... does not extend to the existence of a legally enforceable debt
or liability and that the same stood rebutted in this case,
keeping in mind
contention of accused, the cheque
was not issued for legal enforceable debt. On the other
hand, according to complainant, Ex.P1-cheque was issued ... accused towards discharge of legally enforceable debts
towards hand loan received by him, as accused was due to
pay towards JCB loan, thus, he borrowed
been passed in a mechanical manner, and
there is no legally enforceable debt or liability for which the
respondent can demand any amount. He further ... represent an amount that could be
termed as "legally enforceable debt or other liability". He places
reliance on Indus Airways Private Limited
Court while answering the issue as to
what constitutes a legally enforceable debt or other liability as
contained in the Explanation 2 to Section ... whether the cheque
represents discharge of existing enforceable debt or
liability or whether it represents advance payment
without there being subsisting debt or liability. While
