https://www.taxtmi.com/caselaws?id=758773 A cheque issued towards an alleged time-barred debt can amount to a written promise under Section 25(3) of the Indian Contract Act, 1872, making the liability enforceable for Section 138 of the Negotiable Instruments Act, 1881. The accused's inconsistent stand on repayment and the cheque's purpose failed to rebut the statutory presumptions under Sections 118 and 139 in favour of the complainant. On the facts proved, the defence of limitation did not displace liability because the cheque itself acknowledged the debt and created a fresh enforceable obligation. The acquittal was therefore set aside and the matter was directed to proceed in accordance with law. en-us Wed, 11 Sep 2024 00:00:00 +0530 Wed, 18 Sep 2024 11:16:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=758773 A cheque issued towards an alleged time-barred debt can amount to a written promise under Section 25(3) of the Indian Contract Act, 1872, making the liability enforceable for Section 138 of the Negotiable Instruments Act, 1881. The accused's inconsistent stand on repayment and the cheque's purpose failed to rebut the statutory presumptions under Sections 118 and 139 in favour of the complainant. On the facts proved, the defence of limitation did not displace liability because the cheque itself acknowledged the debt and created a fresh enforceable obligation. The acquittal was therefore set aside and the matter was directed to proceed in accordance with law. Case-Laws Indian Laws Wed, 11 Sep 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=758773