Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ghazala Khan (Advocacy)     05 January 2010

138 NI

There is a case of 138 NI Act.The cheque is dishonoured but the debt is barred by limitation.Hence it is difficult to satisfy the ingredients of S.138.Is there any case law which supports the said case.



Learning

 4 Replies


(Guest)

I fail to understand your logic in interlinking the limitation and the cheque dishonour. If a debt is barred by limitation, you cannot file a suit for recovery of the debt, that's all! But the incident of cheque dishonour invites wrath of s.138 N.I. Act. S.138 is an independant penal provision comes into play without any application to other laws. It has its own legal framework such as the cheque should be presented in the bank within its validity period (6 months from issue date) and the like. Your search for caselaws linking the bar of limitation and the cheque dishonour may not fetch you any fruitful result.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     05 January 2010

There is no law supporting your case. If debt is beyond limitation, no offence is committed punishable under section 138 NI Act.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     05 January 2010

 DEPEND ONLY ON CHQ , FILE 138. FORGET ABOUT PRONOTE/DOCUMENT OF TIME BARRED.

Parveen Kr. Aggarwal (Advocate)     05 January 2010

Dear Ghazala, you may see cases reported in 2009(3) Banking Cases at page 227, 2007(1) Criminal Court cases at page 1077, 2007(1) Civil Court Cases at page 670. There are a number of Judgments wherein it has been held that a cheque issued even for a time barred debt is covered under section 138 of the N. I. Act.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register