Section 138 of NI Act lies only in respect of enforceable debts – Gujarat High Court

C.M. Smith And Sons. Ltd Vs State of Gujarat (Gujarat High Court) Facts- The appellant is engaged in the business of production of Grey Cast Iron and Nodular Iron castings weighing from 5 Kgs to 150 Kgs and is also a supplier of fully finished parts to Original Equipment Manufacturers since the year 1956. The factory premises of applicant Company is located at Nadiad and it employs around 1500 workers. The respondent is a Partnership Firm registered under the provisions of the Indian Partnership Act and is engaged in the business of manufacture of Casting Parts. It also accepts orders and man...