https://www.taxtmi.com/caselaws?id=391732 The Division Bench held that a cheque for a time-barred debt constitutes a promise under the Indian Contract Act, creating an enforceable agreement. As the debt must be legally enforceable for Section 138 to apply, a time-barred debt qualifies as such. The court set aside the trial court's order, remanding the case for further consideration to assess if the offence under Section 138 is established. The judgment emphasized that a cheque for a time-barred debt results in a legally enforceable contract, directing expedited proceedings due to the prolonged dispute. The accused and complainant were instructed to appear before the trial court within a specified timeline for arguments and judgment. en-us Thu, 14 Nov 2019 00:00:00 +0530 Thu, 06 Feb 2020 08:06:04 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=391732 The Division Bench held that a cheque for a time-barred debt constitutes a promise under the Indian Contract Act, creating an enforceable agreement. As the debt must be legally enforceable for Section 138 to apply, a time-barred debt qualifies as such. The court set aside the trial court's order, remanding the case for further consideration to assess if the offence under Section 138 is established. The judgment emphasized that a cheque for a time-barred debt results in a legally enforceable contract, directing expedited proceedings due to the prolonged dispute. The accused and complainant were instructed to appear before the trial court within a specified timeline for arguments and judgment. Case-Laws Indian Laws Thu, 14 Nov 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=391732