Q: Elaborate the citation of J. Daniel vs The State Of Kerala And Anr. on 28 July, 2005 ?

Ans:  J. Daniel vs The State Of Kerala And Anr. on 28 July, 2005

 

The learned counsel submits that the finding of the trial Court that Ext.P1 cheque issued by the 2nd respondent was not a legally enforceable debt or other liability is not correct.

The learned Kerela high court held that for the purposes of this section, "debt or other liability" means a legally enforceable debt or other liability".

A reading of the above provision would indicate that the execution of the cheque is not sufficient to constitute an offence punishable under Section 138 of the Act, unless it is proved that the debt or other liability is a legally enforceable one.

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