income.
The complainant failed to prove the existence of a legally
enforceable debt. No receipt of payment was filed. The accused
had issued a signed ... signature, there is a
presumption that there exists a legally enforceable debt
or liability under Section 139 of the NI Act. However, such
a presumption
income.
The complainant failed to prove the existence of a legally
enforceable debt. No receipt of payment was filed. The accused
had issued a signed ... signature, there is a
presumption that there exists a legally enforceable debt
or liability under Section 139 of the NI Act. However, such
a presumption
issued to discharge the legally enforceable debt or other
liability. A time-barred debt is not legally enforceable. It was
admitted by the Branch Manager ... debt and even if the debt or liability had
stood time-barred, the cheque, in question, being an
acknowledgement of debt, creates an enforceable
contract
enforceable debt or liabil-
ity. Conversely, if a cheque is issued in respect of a debt or
liability which is not legally enforceable then. Section ... does not constitute a legally
enforceable liability. Thus, the learned trial Court
correctly concluded that no legally enforceable debt
existed in this case
enforceable debt or liabil-
ity. Conversely, if a cheque is issued in respect of a debt or
liability which is not legally enforceable then. Section ... does not constitute a legally
enforceable liability. Thus, the learned trial Court
correctly concluded that no legally enforceable debt
existed in this case
issued on the ground
that it was not a 'legally enforceable debt' under the Act.
9. Perusal of submissions of both the parties ... 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
debt or other liability and in the
explanation to the section, it is stated that the debt or other
liability is a legally enforceable debt ... legally enforceable debt. Debt is not
defined in the NI Act . Therefore, the ordinary meaning of debt
is to be considered. A debt is generally
that the
cheques were not issued in discharge of a legally enforceable debt,
and any alleged debt was in fact time-barred. Moreover, the
complaint ... vitiated.
4.3. The petitioner respectfully submits that there exists no legally
enforceable debt or liability. In view of the settlement arrived at
between the parties
exists a legally enforceable debt. However, the
Petitioner claims that since the debt was time barred, there existed no legally
enforceable debt ... barred debt
effectively resurrects the debt itself by a fresh agreement
through the deeming provision under section 25(3) of ICA.
The original debt therefore
could not be invoked to satisfy an alleged legally
enforceable debt or liability. Reliance has been placed on Womb
Laboratories Pvt. Ltd. v. Vijay Ahuja ... reiterated that the cheque must be in discharge of a legally
enforceable debt. Reliance is also placed on Shanku Concretes Pvt. Ltd. v.
State
