Cheque bounce for old invoice

Dipen (Querist) 30 May 2024 This query is : Resolved
Dear Experts,

In one of the case 1 cheque has been received in May 2024 for Invoice pertaining to year 2018. Now this has bounced , can we take legal action against this ? since invoice pertains to 2018.

Please advice

Regards,

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Quick Summary

A bounced cheque was issued in May 2024 for an invoice dating back to 2018. While the debt itself may be time-barred, the validity of legal action often depends on whether the debt was acknowledged within the limitation period. Expert advice suggests that a cheque issued against a time-barred debt might not be actionable under Section 138 of the NI Act, and a recovery suit may also be problematic.

T. Kalaiselvan, Advocate (Expert) 30 May 2024
The acknowledgment of the debt reckons from the date of the cheque i.e., it will remain effective for another three years from the date of cheque, though the cheque bounce case can be filed within the stipulated time as per the provisions of law. Civil case for recovery can be filed within three years from the date of cheque

Sudhir Kumar, Advocate (Expert) 30 May 2024
does not matter when was debit due. the cheque has bounced no.

Advocate Bhartesh goyal (Expert) 30 May 2024
No, cheque issued against time barred debt or liability does not attract offence of sec 138 of N.I.Act nor suit for recovery of such cheque amount is maintainable as per sec 18 of limitation Act, acknowledgment of debt ot liability must be within three years from date of debt ot liability.

P. Venu (Expert) 03 June 2024
The facts posted are less than convincing. It is quite an abuse of the provisions of Section 138 NI Act to make use of blank cheques to place innocent citizens in a pincer.

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