Legally enforceable debt

A friendly loan advanced forms part of "legally enforcable debt" .

However, what is the plea/ judgment passed by Hon'ble Jharkhand High Court to declines it.  

What are the facts? What is the Case No. before the High Court?

 Friendly loan  comes under the purview of loan. Money transactions happen between friends,family members and near and dears without any interest .It is legally enforceable but cogent evidence is required. 

While Section 139 of the NI Act carries a statutory presumption in favor of the holder of a cheque, that presumption is rebuttable on a standard of preponderance of probabilities. Once the accused raises doubt over the existence of an enforceable contractual debt, the presumption disappears, and the burden shifts back to the complainant to prove a commercial contractual relationship. In your case the trial court acquitted the accused. The complainant was the sole witness. Under cross-examination, major contradictions and discrepancies emerged regarding the payment modes, dates, and amounts allegedly given. No commercial agreement or supporting documentation was produced.  The Judicial Magistrate 1st Class, Jamshedpur, acquitted the accused. The complainant then filed an Acquittal Appeal before the Jharkhand High Court. The high court observed that under the Indian Contract Act, 1872, valid consideration is essential to form a contract. The Court held that consideration must be commercial in nature, mere "friendship" or personal acquaintance cannot serve as legal consideration to convert an informal transaction into a contract. As no enforceable contract is formed in a purely friendly arrangement lacking consideration, the underlying money does not qualify as a "legally enforceable debt or liability" required under Section 138.

You can file an  appeal can be filed against a High Court judgment, but because the High Court is the apex judicial body within a State, there is no statutory "automatic" right of regular appeal. The aggrieved party must approach the Supreme Court of India you may have to file a SLP under article 136. 

This is a discretionary power vested in the Supreme Court. It is not an absolute right of the litigant. The Supreme Court usually agrees to hear an SLP only if the case involves a substantial question of law, grave public importance, or evidence of gross injustice. 

An SLP must generally be filed within 90 days from the date of the High Court's judgment.