said legal position
and erroneously concluded that there was no legally enforceable
debt. It is submitted that the learned Appellate Court committed a
grave error ... holding that, in the absence of corroborative
evidence, the legally enforceable debt was not proved. It is also
contended that the learned Appellate Court accepted
maintainable, as there is no
legally enforceable debt to be paid by the petitioners herein to
respondent No.2-complainant, which is palpable from ... parties would lapse. Thus, it does not constitute any
legally enforceable debt on the part of the petitioners. He further
submitted that respondent
under the N.I.Act,
since, "THERE IS NO LEGALLY ENFORCEABLE
DEBT".
It is humbly submitted that, the judgment has been
passed during ... cheque that is dishonoured must
represent a legally enforceable debt on the date
of maturity or presentation;
(ii) If the drawer of the cheque pays
cheques were not issued by the petitioners towards any legally
enforceable debts. According to the petitioners, thes aspects were not properly
appreciated by the Trial ... Instruments Act in the absence
of valid proof of a legally enforceable debt in his personal capacity. The courts
below failed to examine whether
seen that whether there is any
legally enforceable debt as on the presentation of the
cheque. In the case on hand ... Therefore there is
32 CC.27426/2018( J) legally enforceable debt as on the
date of presentation of cheque. Even though the cheque
petitioner submitted that the cheques were not issued for any legally enforceable
debt. Though the accused did not enter the witness box or produce ... respondent to prove that the cheques were issued for legally enforceable
debt. However, the complainant failed to prove the same and even then, the
Trial
does indeed include the existence
of a legally enforceable debt or liability. This is
of course in the nature of a rebuttable
presumption ... Accused to
raise a defence wherein the existence of a
legally enforceable debt or liability can be
contested. However, there can be no doubt that
complainant misused the cheque given
as security. There is no legally enforceable
debt. Under the above grounds the Appellant
sought for acquittal by allowing ... does indeed include the
existence of a legally enforceable debt or
liability. This is of course in the nature of a
rebuttable presumption
does indeed include the existence
of a legally enforceable debt or liability. This is
of course in the nature of a rebuttable
presumption ... Accused to
raise a defence wherein the existence of a
legally enforceable debt or liability can be
contested. However, there can be no doubt that
from him,
there is legally enforceable debt and given a
cheque bearing No.192492 in order to realize
the legally enforceable debt?
2. Whether ... prayed to dismiss the complaint and
there is no legally enforceable debt and the complainant
has not complied the provisions
