Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Case law about presentation of cheque

 

Merely because the civil suit is pending, it cannot be said that the cheque can be presented by the complainant at any time during the pendency of the said civil suit.

 
 As to this, both the Courts below held that since the suit based on Ex.A-9 promissory note was pending before a civil Court, it cannot be said that the cheque was presented beyond the period of limitation. The findings recorded by both the Courts below on this aspect do not seem to be correct. Merely because the civil suit is pending, it cannot be said that the cheque can be presented by the complainant at any time during the pendency of the said civil suit. The cause of action to file the complaint under Section 138 of the Negotiable Instruments Act is an independent cause of action and the cheque therefore shall be presented by the complainant within the period of validity of the debt borrowed. In the instant case, the cheque was presented beyond the period of limitation and therefore, it will not give rise to any cause of action.

2012(2)ALD(Cri)40, 2012(3)ALT(Cri)141;2013(1)crimes 325 (A.P)
IN THE HIGH COURT OF ANDHRA PRADESH
Crl. R.C.No. 1821 of 2004
Decided On: 28.02.2012
Appellants: Mandapalli Nirmalatha
Vs.
Respondent: 
State of A.P. rep. by Public Prosecutor, High Court of A.P., Hyderabad and another


Learning

 0 Replies


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register