Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Time barred debt - Loan transaction taking place in 1994 and cheque for repayment of loan issued for the year 1999 - Loan amount became time barred in the year 1997 - Held, there is no legal bar for the debtor agreeing to pay the time barred debt - No fresh consideration is required for debtor's..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued for discharge of a time barred debt - Held, such a cheque is within the sweep of Section 138 Negotiable Instruments Act...........
Negotiable Instruments Act, 1881, Section 138 -- Time barred debt - Cheque issued for discharge of time barred debt - Prior to issuance of cheque accused executed an affidavit/undertaking admitting the loan amount and confirming the outstanding balance - Debt becomes legally enforceable debt - Cheque given in payment of such debt if dishonoured then accused is liable to be..........
Negotiable Instruments Act, 1881, Section 138 -- Cheque issued towards time barred debt - Cheque dishonoured - Accused is not liable...........
Negotiable Instruments Act, 1881, Section 138 -- Time barred debt - Cheque issued - When a person issues a cheque he acknowledges his liability to pay - In event of dishonour of cheque he is not entitled to claim that the debt had become barred by limitation and that the liability was not thus enforceable...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque dishonoured - Time barred debt - Loan taken four years prior to date of issue of cheque - Sessions Court & High Court quashed the proceedings as cheque was for a time barred debt - Respondent in his balance sheet had shown the amount of loan advanced by appellant as deposit from friends - At this stage of the..........
Negotiable Instruments Act, 1881, Section 138 -- Cheque issued for a time barred debt - Cheque dishonoured - Time barred debt is not a legally enforceable debt - Hence, accused cannot be convicted u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- `Legally enforceable debt or liability' - Amount payable in 1991 - Drawer issuing blank cheque in 1996 - Cheque dishonoured - By the time the cheque was issued the amount payable was barred by limitation because no acknowledgment was obtained before the expiry of 3 years - The debt was not legally enforceable at the time of..........
Negotiable Instruments Act, 1881, Section 138 -- `Legally enforceable debt' - Loan advanced in the year 1985 - Cheque issued in the year 1990 - By the time the cheque was issued, the debt was time barred - Debt was not legally enforceable at the time of issuance of the cheque - No offence is made out on dishonour of cheque...........
