Anil Agrawal (Retired) 04 October 2009
Palmer's dictionary defines debt as:
A sum of money that is owed or due to be paid because of an express agreement; a specified sum of money that one person is obligated to pay and that another has the legal right to collect or receive.
More often than not it has been found that no consideration is given to the concept of "legally enforceable debt" and "holder of the cheque in due course" has the preponderance of sympathy in his favour in 138 cases.
Raj Kumar Makkad (Adv P & H High Court Chandigarh) 05 October 2009
legally enforceable debt and holder of chequ in due course of law are synonimous to debt but it acquires sympathy more because in such cases the law of land has been alleged to be violated which creats even criminal liability simultaneously with civil liability to repay.
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 09 July 2010
It is because the cases are not won by the complainant advocates but lost by the defendents advocate.
I will give a recent judgment of SC where IN PERSON accused faught and won only on this principle pf legally enforcable debt.
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