purposes of this section, “debt or other liability” means a legally enforceable debt or other liability
accused's case was that there was no legally enforceable debt
or liability between the parties since he had not asked for a
hand ... that the accused had issued the cheque in
relation to a legally enforceable debt. It was observed that the
accused's failure to reply
Nijalingappa Colony Branch, Raichur in
favour of complainant, towards
discharge of legally enforceable debt
or liability and the same was
dishonored for ‘ Funds Insufficient ... probable
defense which creates doubts about the
existence of a legally enforceable debt or
liability, the prosecution can fail. By
judgment dated 20.02.2015, the accused
this
section, "debt or other liability" means a legally enforceable debt
or other liability.
Section 139- Presumption in favour of holder
It shall ... satisfied, i.e.,
I. That there should be a legally enforceable debt;
II. That the cheque should have been drawn from the account
security and, is thus not
against a legally enforceable debt or liability. The appellant has placed reliance
on the judgment of a two judge Bench ... purchase orders, could be
considered to be in discharge of a legally enforceable debt or other liability and
whether the dishonor of the cheques amounted
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
initiated for the discharge, in whole or in part, of any debt or other liability. (3) It shall not be a defence in a prosecution ... purpose of this section, "debt or other liability" means a legally enforceable debt or other liability, as the case
proved, such
presumption would hold good; that the complainant had proved legally
enforceable debt in the oral as also documentary evidence, including the
written acknowledgment ... complainant succeeds in showing the lending of amount, the existence of
legally enforceable debt cannot be denied. The High Court also observed that
the issue
advance of loan
and therefore the existence of any legally enforceable debt on the
Respondent was doubtful. The Trial Court was of the view that ... that the Respondent was successful in
rebutting the presumption of any enforceable legal debt, for the
discharge of which, the cheque in question was allegedly
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