2007 (8) TMI 808

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....iram, J. 1. The petitioner seeks to quash the proceedings pending against him in C.C. No. 28 of 2004 on the file of the learned Judicial Magistrate No. I, Tirunelveli, Tirunelveli District filed by the respondent herein against the petitioner for the offence under Section 138 of the Negotiable Instruments Act. 2. The learned Counsel for the petitioner submitted that to attract Section 138 of....

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....n 25 of the Indian Contract Act, 1872. (Hereinafter referred to as "the Act"). 4. This Court considered the rival submissions made by both parties. 5. The explanation under Section 138 of the Negotiable Instruments Act reads as follows 138. Explanation : For the purpose of this section, "debt or other liability," means a legally enforceable debt or other liability. 6. Now, the qu....

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....d by limitation law.- An agreement made without consideration is void, unless: (1) and (2).... (3) it is a promise, made in writing and signed by the person to be charged therewith, or by his agent generally or specially authorized in that behalf, to pay wholly or in part a debt of which the creditor might have enforced payment but for the law for the limitation of suits. In any ....

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....to pay, furnishes a fresh cause of action. Section 25(3) of the Act in substance does is not to revive a dead right, resuscitate the right is never dead at any time, but to ? the remedy to enforce payment by suit, and if the payment could be enforced by a suit, it means that it still has the character of legally enforceable debt as contemplated by the explanation under Section 138 of the Act. In v....