Ni act 138 and money suit

modassir nasim (Querist) 09 June 2012 This query is : Resolved
'A' files a complaint case u/s 138 NI act against 'B' in the year 2004 . He loses the case in year 2012 and 'B' wins the case by the judgement pronounced by the magistrate court.
Now can 'A' file a money suit against 'B'. Will the case of A be barred by limitation. since he had the knowledge of cheque bounced long before in the year 2004 .
Pls give citation at least year and court name if possible.

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Nadeem Qureshi (Expert) 09 June 2012
Dear Modassir
A can not file recovery suit after this long period, it is time barred suit and B can not success in condonation application too.
Feel free to call

M.Sheik Mohammed Ali (Expert) 09 June 2012
yes its barred by limitation act sec 21, so you could not claim. if you go appeal.

ajay sethi (Expert) 09 June 2012
the biigest mistake you made was not filing summary suit when cheque was dishonourd . you could have filed both suit for recovery as well as complaint under section 138 Ni for bouncing of cheque . now your claim is barred by limitation as suit ought to have been filed by you within 3 years ie by 2007 .

Advocate Bhartesh goyal (Expert) 09 June 2012
Yes limitation to file suit for recvery of cheque amount is 3 years from the date of it's issue. A long period of 8 years has been passed so now if you file recovery suit that will be time barred.

modassir nasim (Querist) 09 June 2012
Thanks to all of you for the reply. I am for 'B' in the present case.

V R SHROFF (Expert) 09 June 2012
If u r B, A lost his opportunity for filing recovery in civil suit, as barred 4 Limitn.
So matter is over for u.

SAINATH DEVALLA (Expert) 11 June 2012
Why don't you start your query that you are repesenting the accused?No civil suit now,let your client inhale fresh air.Any way congrat's for winning.