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
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 the Sessions Court failed to believe that there was a legally enforceable debt and that the accused gave Ex. P-l cheque towards discharge ... complainant, the learned Sessions Judge rightly observed that there was no legally enforceable debt against the accused and he did not issue any cheque
cheque was not issued for the discharge of legally enforceable debt, since the complainant appellant failed to discharge his initial burden by establishing that ... issued for discharge of a legally enforceable debt or liability and as such, the presumption under Section 139 of the Negotiable Instruments Act (for short
cheque was not issued by the accused in discharge of a legally enforceable debt and that the two receipts ... discharge of a time-barred debt. It cannot be said that a time-barred debt is a equally enforceable debt".
15. In Kishan Bodhankar
debt or liability and as such, there was no legally enforceable debt as required under Section 138 of the Act. He further submitted that ... legal presumption, it is for the respondent-accused to prove that the cheque was not issued by him against any legally enforceable debt or liability
shares and legalities of the transaction. The learned Counsel for the respondent-accused contended that there is no legally enforceable debt ... enforceable debt or other liability.
21. The words any debt or liability would undoubtedly include a cheque drawn by any person towards a legally enforceable
such licence when he is lending the amount whether it is legally enforceable debt and answered the question in favour of the accused and acquitted ... debt or other liability
(i) The essential ingredients under Section 138 of the Act are there must be a debt or other liability legally enforceable
amount from complainant and cheque was issued towards part payment of legally enforceable debt. Para.40 of the cited judgment needs to be noted ... itself would not be sufficient to hold that there was no legally enforceable debt. There are no other probable circumstances placed by the accused
cheque in question was issued by the accused towards discharge of legally enforceable debt and, secondly, that the complainant had no valid money lending licence ... accused, the presumption is that the cheque was issued for legally enforceable debt or liability and the burden shifts to the; accused to show that
