Civil Procedure Code (CPC)

Limitation for file recovery suit on behalf bounced cheque

This query is : Resolved 
 

(Querist)
30 September 2011

Respected SIR/MADAM

i have submit a complaint in the court under sec 138 N.I. act on the party in April 2008 on-behalf bounced cheque .unfortunately the party died on 16 sep 2011.Now three years passed and no time rest to file recovery suit on the father of that person according to LIMITATION ACT.
SIR/MADAM Please tell me that can i am able to get mercy of court limitation to file recovery suit on his father on the basis complaint case under sec 138 N.I. Act.some expert told that i am not able to get limitation in these circumstances and if i would file civil/recovery suit on the Father of that person i will get loss of court fees also because Court will strictly denied to accept my case after passed limitation period according to limitation act.


M.Sheik Mohammed AliOnline (Expert)
30 September 2011

yes, its not possible to continue.

Gagan Jaiswal (Querist)
30 September 2011

but sir some expert advise me to file recovery suit and he assured me that court will give me limitation on these circumstances.please help me

prabhakar singh (Expert)
30 September 2011

Whoever told you that limitation has expired is a genuine person and has given genuine advise.

And whoever now assuring you that court will condone delay in filing the suit is misguiding you.

LOOK post to the bounce of cheque you had two remedies side by side to proceed ,the criminal one u/s 138 NIA you filed,you could have then and there filed also the civil summary suit of realization as there was no bar on you to do so.

A civil summary suit in your case was possible within 3 years from the date of bouncing.

LET IT BE CLEAR TO YOU IN BLACK AND WHITE THAT NOT EVEN AN ONE DAY DELAY CAN BE CONDONED BY ANY COURT IN RESPECT OF FILLING A SUIT.
IT MUST BE CLEAR TO THE GENTLEMAN MISGUIDING YOU THAT PROVISIONS LAID DOWN IN SECTION 5 OF LIMITATION ACT WHICH EMPOWERS A COURT TO CONDONE A DELAY OF ANY KIND IS RESTRICTED TO APPLICATIONS AND APPEALS AND REVISIONS AND REVIEWS but not to suits.

Better you ask the gentleman under which provision exemption or condonation would, according to him, be available to you because I see none is there for you.

R.Ramachandran (Expert)
30 September 2011

I completely agree with the forthright, straight and unambiguous answer of Mr. Prabhakar.

Shailesh Kr. ShahOnline (Expert)
30 September 2011

I also agree with Shri Prabhakar Singh.

Raj Kumar MakkadOnline (Expert)
30 September 2011

This is your repeated query and similar replies had been posted against your earlier query.

SONI KARTIK (Expert)
01 October 2011

Sir,if you file a recovery of suit ,it is absolutely wasting of time, money and energy. you are totally misguided .You have to wait for outcome from the case of the NI Act.kisoni13@gmail.com.C.No.9586066605.

anil kumarOnline (Expert)
02 October 2011

Dear Gagan,
The only grounds on which the limitation could be saved or computation is made is when there is an acknowldegement of debt or part payment made even if there is an refusal in any communication, letter or reply to notice, pleadings or evidence in criminal proceedings u/s 138 by the debtor or his agent etc. the same can be relied and recourse be had to Section 18, 19 or 20 of the Limitation Act, 1963. If the above provisions are attracted then the period of limitation would be counted from that date thereby the suit can be brought within limitation.



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