Legally enforceable debt requirement defeats cheque dishonour claim where repayment evidence and repossession undermine presumptions.

In a prosecution under Section 138 of the Negotiable Instruments Act, the complainant must first prove foundational facts that the cheque was issued for consideration and in discharge of a legally enforceable debt before the presumptions under Sections 118 and 139 arise. The court found serious doubt in the complainant's account because the repayment records did not match the amounts actually paid, the admitted documents indicated greater repayments, and the vehicle had already been repossessed and sold, making the alleged post-repossession cheque improbable. The cheque was therefore not proved to represent a legally recoverable liability, the statutory presumptions did not operate, and the trial court's acquittal was left undisturbed.

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Issues: Whether the cheque was proved to have been issued in discharge of a legally enforceable liability and whether the complainant was entitled to the statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act.

Analysis: The evidence created serious doubt about the complainant's version. The account produced by the complainant did not satisfactorily reflect the amounts actually paid by the drawer, and the admitted documents indicated higher repayments than those taken into account. The vehicle had already been repossessed and sold, making the asserted issuance of the cheque after repossession improbable. In these circumstances, the court found that the complainant had not established that the cheque was supported by consideration or issued towards a legally recoverable debt, and therefore the statutory presumptions could not be drawn in its favour.

Conclusion: The cheque was not proved to be issued in discharge of a legally enforceable liability, and the complainant failed to invoke the presumptions under Sections 118 and 139 of the Negotiable Instruments Act.

Final Conclusion: The conviction-related challenge failed, and the acquittal recorded by the trial court was left undisturbed.

Ratio Decidendi: In a prosecution under Section 138 of the Negotiable Instruments Act, the complainant must first establish foundational facts showing that the cheque was issued for consideration and towards a legally enforceable debt before the statutory presumptions can operate.

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