...show that there exists a legal debt or liability and for the discharge of the same, the cheque was issued and that therefore, the petitioner ought to have been discharged by the trial court..., the cheque dated 28.3.98 was issued and on 3.4.98, the cheque was dishonoured. Therefore at this stage, it cannot be stated that there is no material to show the existence of a legal debt or...

...reason "funds insufficient". It was claimed by the appellant that the said cheque was issued towards discharge of legal debt and liability, since the parties had entered into an agreement dated 26/11...legal debt. On this basis, the Trial Court acquitted the respondent No.2. 5. Mr. N.G. Jetha, learned counsel for the appellant submitted that the oral and documentary...evidence on record was sufficient to indicate that the cheque in question had been issued by the respondent No.2 in discharge of legal debt and liability. It was submitted that such debt was specifically...

...him in the year 2001 and the same came to be deposited in the year 2004 at the time when there was no legal debt and liability of the accused.3. Feeling aggrieved by and dissatisfied...produced at Exh.57, it is submitted that learned Trial Court has materially erred in holding that there was no legal debt and liability of the accused, for which, the cheque was issued. Therefore, it...original complainant has failed to prove any legal debt and liability of the accused at the time when the cheque was deposited with the bank in the year 2004. It has come on record that cheque in question...

... available to the complainant with regard to the legal debt prevailing on the date of issuance of cheque. That the complainant had advanced money as was having friendly...legal debt prevailing on the date of issuance of cheque is available to the original complainant. Prima facie, this Court finds that the trial court has unnecessary transferred burden of proof upon the...original complainant to establish the existence of legal debt on the date of issuance of cheque. 5. In such circumstances, present application for leave to appeal...

...the reply to their notice to submit that initial burden of proving a legal debt was discharged by them. However, it was seen that it was stated in the said reply in the same breath that the monies lent...court has, in the impugned judgements, recorded the finding that any legal debt, recoverable on the date of drawing of the cheques and their dishounour, was not proved and the presumption in favour of...charge of offence punishable under Section 138 of the Negotiable Instruments Act, 1881.2. The common legal issue and the controversy is in a very narrow encompass in all the cases and...

...respondent/complainant for the offence under section 138 ofnegotiable instruments act, there is no material to show that there exists a legal debt of liability and for the discharge of the same, the...dishonoured. Therefore at this stage, it cannot be stated that there is no material to show the existence of a legal debt or liability, especially in the light of section 139 of the negotiable instruments...

...Judicial Magistrate held that the cheques were not given for the discharge of any legal debt or liability. It is observed by the learned Magistrate that complainant failed to prove as to when he gave Rs...the impugned judgment. When it is admitted that the cheques were given to the complainant, a heavy burden lies on the respondents to prove that they were not given in discharge of any legal debt or...

...consideration the question whether there was any legal necessity for the lease and comes to the finding that, as the money was raised for payment of the debt due from the husband of the widow, there was...sufficient legal necessity to justify the widow in executing the lease. The District Judge, however, found that the debt to pay off which the lease was given amounted to Rs. 100 only and, as the selami...suit by the reversioner, their Lordships held that the sale could not be maintained but that as the sum of over Rs. 7,000 had been taken for the discharge of a legal debt due from the estate of the...

...Jhansi, District- Jhansi but the applicant is contesting the trial as the proceedings under Section 213 Cr.P.C. onward and the legal question that there is no legal debt or... either legal or factual before the court below while contesting the trial and this Court has no reasons to disbelieve that the same shall be decided in accordance with law...

...recorded that the complainant has failed to prove that the cheque was issued by the accused to discharge the liability of repaying the legal debt. 6] After going through the...was issued by the accused to repay the legal debt/liability, are proper and sustainable. 3 7] As the complainant...by Section 139 of the Act of 1881, the burden was on the accused to prove that the cheque in question was given to the complainant for some purpose other than to repay the legal debt. The accused has...

...the remarks funds insufficient. Both the Courts below have found that the legal debt is proved. After going through both the judgments, I am of the view that both the Courts below have given sound...friendly loan and in discharge of the said legal liability, issued a cheque of the same amount in favour of the 1 of 2 CRR-1873-2017 (O&M) 2 complainant, which was dishonoured with...

...therein that the petitioner in order to discharge his legal debt, issued cheque No.000103 dated 5.4.2015 drawn on HDFC Bank Limited, Mandi Gobindgarh for a sum of ` 1,69,458/- from his bank account No...well as summoning order transpires that learned Magistrate committed no error or legal infirmity warranting interference by this Court. No case is made out to quash the order. Accordingly, the present...

...legal debt or liability which upon presentation got dishonored due to insufficiency of amount whereafter the prosecution was launched in accordance with the procedure mentioned...

...complainant against discharge of any legal debt or liability was pertaining to a company named as ‘Infinity Real Estate Private Ltd’. As per the provisions contained under Section 141...

...complainant has failed to prove that the cheque which was dishonored was given by the accused to the complainant to discharge the legal debt/liability. 3] It is not in...required to be considered is whether the conclusions of the learned Magistrate that the complainant has not been establish that the cheque was given by the accused to discharge the legal debt/liability... 2 legal debt/liablitiy is on the accused. The defence of the accused is that his maternal uncle Shri Anil Manohar Kene...

...discharge of a legal debt but was issued by way of security or any other reason on account of some business transaction or was obtained unlawfully. The purpose of the NI Act is clearly to provide a...presented to the Bank for encashment the same was dishonoured by the Bank on account of “insufficient funds”. The appellant complainant, therefore, issued a legal notice after a few days on 17-8-2007 to the...consideration for dishonour of the cheque is not on the appellant complainant, but the burden of proving that a cheque had not been issued for discharge of a lawful debt or a liability is on the accused and if...

...the complaint recording that the appellant/complainant has failed to establish that the cheque (Exh. 20) was issued by the respondent no. 2 to discharge the legal debt/liability...whether the respondent no. 2/accused has been able to discharge the burden of proving that the cheque (Exh. 20) was issued for some other purpose and not for discharging the legal debt/liability.... 2/accused to discharge the legal debt/liability. 9] After examining the evidence on record, I find that the respondent no. 2/accused has failed to discharge the burden...

...the basic requirement of the cheque having been issued for legal debt or liability. It was submitted that when the loan itself stood recalled, there was no question of there being any legal debt or...before the Magistrate to prove the claims of the Respondent-Bank. It was submitted that the legal debt or liability was specifically limited to the amount of Rs. 3,00,000/- which the Applicant had...admittedly withdrawn and the subject cheque was issued to return the said amount along with interest. On this basis, it was submitted that the aspect of legal debt or liability was correctly appreciated...

...to the complainant in lieu of any legal debt or liability or not. The document which is a bilateral agreement executed in between the parties reflecting that the stage had not been reached when the...legal liability or debt, this Court feels that a prima facie strong arguable case is existing in favour of the petitioner, thus, the stay application is allowed and it is ordered that until disposal...as such it may be taken as a pre-mature presentation. In view of the serious legal question involved, admit. 2. Learned counsel for the respondent is directed to file reply as to...

...same before the Court to substantiate legal debt as contended in complaint. Even otherwise it is germane to note that Ex.P.12 said to be the account extract of loan account or hire purchase account of...vehicle is Rs. 1,85,500/- only. The very documents of complainant turned futile to substantiate legal debt as on the date of cheque. The Trial Court at para 11 of the judgment has...observed that no doubt the accused admits his signature in Ex.P.3-cheque. But as already stated above the very legal debt as contended as on the date of cheque is not proved through cogent and...