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Issues: Whether the cheque was issued in discharge of a legally enforceable debt or other liability so as to attract Section 138 of the Negotiable Instruments Act, 1881, and whether the presumption under Section 139 stood rebutted.
Analysis: The accused admitted issuance of the cheque and the cheque was drawn in favour of the complainant. The Court held that the expression "any debt or other liability" is of wide import and is not confined to liability personally owed by the drawer alone; it can include liability undertaken on behalf of another person. On the admitted facts, the presumption under Section 139 of the Negotiable Instruments Act, 1881 arose in favour of the complainant. The accused failed to rebut that presumption with cogent evidence. The cheque dishonour for insufficiency of funds and compliance with the statutory requirements under Section 138 were thus established.
Conclusion: The cheque was issued in discharge of legally enforceable debt or other liability, and the accused was liable under Section 138 of the Negotiable Instruments Act, 1881.
Ratio Decidendi: For the purpose of Section 138 of the Negotiable Instruments Act, 1881, "any debt or other liability" includes a legally enforceable liability arising on behalf of another person, and once issuance of the cheque is admitted, the statutory presumption under Section 139 operates unless rebutted by credible evidence.