https://www.taxtmi.com/caselaws?id=298684 A cheque issued for discharge of a debt already barred by limitation does not, by itself, satisfy the requirement of a legally enforceable debt or liability under Section 138 of the Negotiable Instruments Act. The statutory presumption under Section 139 remains rebuttable, and may be displaced where the admitted facts show a long lapse of time between the underlying transaction and the cheque, and where the claim is not directly supported by the complainant's own version. In such circumstances, continuation of the prosecution may amount to abuse of process, and quashing under Section 482 of the Code of Criminal Procedure may follow. en-us Wed, 08 Dec 2010 00:00:00 +0530 Mon, 15 Nov 2021 12:59:08 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=298684 A cheque issued for discharge of a debt already barred by limitation does not, by itself, satisfy the requirement of a legally enforceable debt or liability under Section 138 of the Negotiable Instruments Act. The statutory presumption under Section 139 remains rebuttable, and may be displaced where the admitted facts show a long lapse of time between the underlying transaction and the cheque, and where the claim is not directly supported by the complainant's own version. In such circumstances, continuation of the prosecution may amount to abuse of process, and quashing under Section 482 of the Code of Criminal Procedure may follow. Case-Laws Indian Laws Wed, 08 Dec 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=298684