appellant issued
the notice calling the first respondent to pay the legally enforceable debt of Rs.
20,00,000:
“Therefore, my client hereby calls upon ... whole or part’ of any
debt or other liability. ‘Debt or other liability’ means legally enforceable
debt or other liability; and
(iii) The cheque
only if there
is legally recoverable debt and it cannot be said that
time barred debt is legally recoverable debt. The said
Judgment rendered ... debt
which is dishonoured the accused cannot be convicted
under section 138 of Negotiable Instrument Act on the
ground that the debt was not legally
settlement to recover the
original dues, where is the legally enforceable debt or other
liability under the four post dated cheques to enforce
independently, that ... Section 138 of the Act, to
mean, it should be a legally enforceable debt or other liability.
9. Be it as it may, before coming
above said legal aspect, the
court has to consider whether in this particular case, on
facts, any legally recoverable debt was in existence ... complaint for dishonor of
cheque - Sought quashing of, Legality - Held - whether
there is any legally recoverable debt or not, that is a
pure question
that the cheque had not been
issued towards discharge of a legal debt, but, was
issued by way of security or any other reason ... that the cheque had not been
issued towards discharge of a legal debt
but was issued by way of security or any
other reason
whether such a transaction, can be held to be "a legally
enforceable debt" and can be permitted to be enforced, by institution ... included the presumption of existence of a
legally enforceable debt or liability and it was for the accused to raise a
defence and rebut
receive any legal demand notice from the
complainant;
The accused had not taken any loan from the complainant and no
legally enforceable debt existed ... that the procedural requirements of section
138 are:
There is a legally enforceable debt.
The drawer of the cheque issued the cheque to satisfy part
that the complainant when reasonably proves the
legally existing and legally enforceable debt, it
is for the respondent to dislodge the same ... that the cheque had not
been issued towards discharge of a
legal debt but was issued by way of
security or any other reason
complainant and holding that he failed to prove there existed legally
enforceable debt. The trial Court committed another error in disbelieving the
bills and ledger ... legally received the cheque
from the drawer, the presumption under Section 139 follows to the effect that
there existed a legally enforceable debt between
that; (1) the accused has issued a
cheque for discharge of legally recoverable debt. (2) The same
was presented through his banker ... issued cheque in favour of
complainant for discharge of legally recoverable debt.
The accused has further contended that for payment of
materials
