Amal 12 September 2025

If a cheque is more than three years old

If a cheque is more than three years old. And an earlier proceeding under s 138 NI was dismissed for want of prosecution (no Lawyer present) . Can I file a suit under order 37 CPC based on the company's official ledger. (Although the limitation of three years has passed)

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6 Replies

Advocate Bhartesh goyal (advocate) 12 September 2025

No, you can not file suit on basis of three years old ( expired ) cheque .It will be time barred suit.

T. Kalaiselvan, Advocate (Advocate) 12 September 2025

The case is barred by limitation under the limitation act because it is beyond the permitted period of three years.

R.K Nanda (Advocate) 12 September 2025

No is the reply to your question.

kavksatyanarayana (subregistrar/supdt.(retired)) 12 September 2025

Yes......................

Dr. J C Vashista (Advocate ) 14 September 2025

Is there any transaction during elapsed period of 3 years from the date of issuance of dishonoured cheque ? If no, it is barred by limitation otherwise fresh limitation starts from the date of last transaction / correspondence to admit the cheque amount.

SHIVKUMAR AGNIHOTRI, ADVOCATE, (Advocate ) 15 September 2025

1. If there is a acknowledgement/ part payment with in three years, you can file a fresh suit (even summary suit under order 37) on the basis of that acknowledgement.

2. How much amount involve in this case?