Complainant in his cross admitted that the debt is time barred and beyond limitation. A citation required to show that a time barred debt cannot be enforced. Debt was under co-operative law and case is one u/s 138.
Sir a Cheque issued for a time barred debt, not preceeded by a valid acknowledgement of debt before expiry of limitation from the date of loan, on its dishonour, will not attract Section 138S. joseph Vs Devassia 2001 Cr. L. J 24 (ker) but 2007 (noc) 2022 (Ker) opines other way.
Mr Srinivas has already given fittest answer with fittest citation but I would like add something more to your qestion. When a party receives a cheque for time barred debt, it helps him in filing a civil suit for recovery of the said amount as the limitation is revived as per section 25(c) of Indian Contract Act. It is definite that the case U/S 138 N.I Act is not maintanable.
in my opinion even time barred debt can be recovered if cheque is provided as cheque is a promissory note and when a fresh promise is obtained thn as per contract a fresh limitation implies....!! so as to attract criminal liability when one knowingly acknowledges a fresh legal liability and issues cheque in that favour thn s. 138 also shud be implied...