debt or other liability means a legally
enforceable debt or other liability. Enforcement of legal liability has to be in the
nature of civil suit ... right of the person enforcing it. If there is no legal impediment
for enforceability of a debt or other liability in general, disability
section 313 of the Code, is
that of denial of any legally enforceable debt.
Considering incriminating oral as well as documentary
evidence, the respondent ... complainant
whether succeeded in proving the initial
burden of existence of legally
enforceable debt?
If the answer is in affirmation,
whether the respondent
Negotiable Instruments Act as if the cheque has been issued for legally enforceable debt. But, the courts below have failed to consider the legal proposition ... cheques in question should be given in connection with legally enforceable debt. In the instant case, as mentioned earlier, no acceptable evidence is available
which is
legally enforceable. Phrase "legally enforceable"
found under Explanation to Section 138 is the one
applicable to both debt and other liability ... debt is not legally enforceable........"
(g) The trial court ultimately dismissed the complaint
holding that there was no legally enforceable debt
availing the said loan
amount i.e., 20.05.2011 to discharge his legally enforceable debt
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C.C.NO.14783/2012
had issued in favour ... legally
recoverable debt.
12. It is pertinent to note here that, the complainant has
specifically contended that the accused to discharge his legally
enforceable debt
that the complainant when reasonably proves the
legally existing and legally enforceable debt, it
is for the respondent to dislodge the same ... this section, 'debt or other
liability' means a legally
enforceable debt or other liability.
139. Presumption in favour of
holder. -It shall
pursuance to agreement to sell
cannot be said to be a legally enforceable debt.
If, there is violation of any term of the
agreement ... amount which had become legally recoverable.
Issuance of cheque and admission of signature
thereon would invoke presumption of legally
enforceable debt in favour of holder
Whether the complainant has proved that, the accused to
discharge his legally enforceable debt had issued in his favour a
cheque bearing No.776995 dated ... dishonour of cheque - Presumption that cheque was issued
towards 'legally enforceable debt' - When available -
Amount allegedly due from accused in business not proved
given any
finding with regard to existence of legally
enforceable debt and there is no whisper in his
entire Judgment with regard to the fact ... that the
accused has issued Cheque towards discharge of
his legally enforceable debt.
8) The learned Magistrate ought to have considered
that the complainant
Whether the complainant has proved that, the accused to
discharge his legally enforceable debt had issued in his
5
C.C.NO.21922/2017
favour ... specific contention of the complainant that, the
accused to discharge his legally enforceable debt had issued
in his favour a Cheque bearing No.098735 dated
