https://www.taxtmi.com/caselaws?id=458270 A cheque dishonour prosecution under Section 138 of the Negotiable Instruments Act cannot succeed unless the liability is a legally enforceable debt. The Andhra Pradesh HC held that Section 69 of the Indian Partnership Act bars an unregistered partnership firm from enforcing contractual rights to recover money due under a contract, and that this statutory bar also affects a criminal complaint based on the same unenforceable liability. Because the underlying claim could not be enforced through civil process, the alleged debt was not legally enforceable for Section 138 purposes. The complaint was held not maintainable and the proceedings were quashed in favour of the accused. en-us Wed, 09 Feb 2000 00:00:00 +0530 Fri, 18 Oct 2024 17:03:51 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458270 A cheque dishonour prosecution under Section 138 of the Negotiable Instruments Act cannot succeed unless the liability is a legally enforceable debt. The Andhra Pradesh HC held that Section 69 of the Indian Partnership Act bars an unregistered partnership firm from enforcing contractual rights to recover money due under a contract, and that this statutory bar also affects a criminal complaint based on the same unenforceable liability. Because the underlying claim could not be enforced through civil process, the alleged debt was not legally enforceable for Section 138 purposes. The complaint was held not maintainable and the proceedings were quashed in favour of the accused. Case-Laws Indian Laws Wed, 09 Feb 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458270