Limitation period

Mohan (Querist) 16 September 2012 This query is : Resolved
Hi Experts:

A chq. bounces twice on dates d1 and d2=d1+2months. For filing civil recovery suit the limitation is three years from d1 or d2?

Pl note that chq was presented 2nd time after obtaining consent of drawee on sworn affidavit and NI 138 notice sent within 1 month from d2.

Thanks and Regards:

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Jeevesh (Expert) 16 September 2012
Mr. Mohan,

The limitation would certainly start from d2 as the cheque was presented for the second time after obtaining a sworn affidavit of drawer.

R.K Nanda (Expert) 16 September 2012
from d-2 only.

Raj Kumar Makkad (Expert) 16 September 2012
limitation for recovery suit starts from the last date of confirmation of the debt but why are you filing suit for recovery instead of 138 NI case?

Mohan (Querist) 17 September 2012
Makkad sir:
NI 138 case is being prolonged by accused beyond limitation for civil case. What should I do? If I don't file for recovery and if I lose the NI 138 case I would be lost, na? Experts pls advise ...
Regards

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