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2022 (7) TMI 85 - HC - Indian LawsDishonor of Cheque - legally enforceable debt and liability or not - raising of presumption under Sections 118 and 139 of the Negotiable Instruments Act - HELD THAT:- The appellant/complainant himself admits that the cheque was issued for the purpose of securing job in Midhani company which is not by any legal means. In the said circumstances, when the cheque was drawn not for the purpose of securing any debt or liability, but pursuant to an illegal contract of an agreement entered into between the complainant and the accused, it cannot be said that it is a legally enforceable debt and such contracts/agreements are prohibited under law. For the said reason, as the cheque drawn was not in support of any debt or liability, the same cannot be legally enforceable. The argument of the learned counsel for the appellant that the case be remanded for denovo trial cannot be entertained for the reason of the appellant not making out any grounds to remand the matter for fresh trial. There is no illegality either procedural or otherwise committed by the learned Magistrate to remand the matter back for fresh trial as urged by the appellant/complainant. Appeal dismissed.
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