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2020 (2) TMI 176 - HC - Indian LawsDishonor of Cheque - legally enforceable debt and liability or not - offence punishable under Section 138 of the Negotiable Instruments Act 1881 or not - time barred debt - HELD THAT:- Once a cheque is drawn for discharge of a time barred debt, it creates a promise which becomes an enforceable contract and therefore, it cannot be said that the cheque is drawn in discharge of debt or liability which is not legally enforceable. Therefore, the impugned judgment dated 16.9.1998 has to be set aside and is hereby set aside. The matter is remanded to the trial Court to decide, based on the evidence already recorded, whether the complainant has proved the ingredients of offence punishable under Section 138 of the Negotiable Instruments Act 1881 - Appeal allowed by way of remand.
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