Negotiable of Instrument Act

Querist : Anonymous (Querist) 05 December 2010 This query is : Resolved
complainant has filed a complainat on the pretext that a plot was alloted to accused and in order to discharge the legal liability accused a cheque for Rs. 20 lacs only at the time of allotment. The allotment letter placed on record have not mentioned any date. however the allotment was done in the year 2004 and complaint has been filed in the year 2010. how can it be proved that the payment is being demanded time barred debt and 138 of NIAct is not made out.

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ashish lal (Expert) 05 December 2010
The property tax and electricity bills must be going in the name of complainant. The voter list might have his name. Mutation of the property. You may also ask the court for allowing an Forensic Expert to determine the year in which the agreement was entered upon.

DEFENSE ADVOCATE.-firmaction@g (Expert) 05 December 2010
When the cheque was issued if earlier it must be undated., and date filled later.

complainant has to show when he recieved cheque.

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