Acquittal of accused -- Complainant failed to prove that he suffered any loss on account of alleged late supply of the machinery and was legally entitled to claim any damages from accused -- Even late supply of the machinery is not proved -- Therefore, accused has been successful in rebutting the presumption under Section 139 of the N.I. Act to prove that there was 'no legally enforceable debt', for which the cheques are stated to have been issued -- Disputed claim of damages, which are not determined by any authority cannot be called debt or legally recoverable debt – No offence u/s 138 of the Act – Accused acquitted.

(P&H HC) Decided on: 17.03.2015