promissory note and cheque

Querist : Anonymous (Querist) 15 July 2010 This query is : Resolved
a pro-note was executed by a person and before completion of limitation period he issued a cheque of principal amount plus interest.that cheque has been dishonored and a complaint u/s 138 NI Act has been filed. Now we want to file civil suit for recovery But the problem is that the limitation period of pro-note has expired can we file suit on behalf cheque treating it acknowledgement of loan. please guide with legal position

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Devajyoti Barman (Expert) 15 July 2010
Yes, if drawing the cheque was in discharge of the debt in the pro note then definitely it is in acknowledgment of the previous debt.