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TMI Blog2007 (8) TMI 808X X X X Extracts X X X X X X X X Extracts X X X X ..... t 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 the Negotiable Instruments Act, the cheque in question must have been issu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ). 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 question is whether the debt is legally enforceable one or not. In the complaint th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd (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 of these cases, such an agreement is a contract. Explanation 1 :- Nothing in this section shall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... scitate 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 view of the illustration (e), the cheque becomes a promise made in writing, to pay under Section 25(3) of the Act. 9. W ..... X X X X Extracts X X X X X X X X Extracts X X X X
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