https://www.taxtmi.com/caselaws?id=445627 The Bombay HC dismissed an appeal in a cheque dishonour case under section 138 of the NI Act. The court held that for prosecution under section 138, the cheque must be issued by someone who owes a legally enforceable debt. The accused was acquitted because the cheque was not issued to discharge the accused's own debt but allegedly for another person's liability. Without proper assignment of liability or nexus between the cheque issuance and accused's obligation to repay, the complainant failed to establish the required legal debt. The presumption under section 139 was successfully rebutted by the accused's plausible defence. en-us Fri, 10 Nov 2023 00:00:00 +0530 Thu, 16 Nov 2023 08:35:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=445627 The Bombay HC dismissed an appeal in a cheque dishonour case under section 138 of the NI Act. The court held that for prosecution under section 138, the cheque must be issued by someone who owes a legally enforceable debt. The accused was acquitted because the cheque was not issued to discharge the accused's own debt but allegedly for another person's liability. Without proper assignment of liability or nexus between the cheque issuance and accused's obligation to repay, the complainant failed to establish the required legal debt. The presumption under section 139 was successfully rebutted by the accused's plausible defence. Case-Laws Indian Laws Fri, 10 Nov 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=445627