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Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     15 March 2020

Time barred debt...

Hi Friends..

In a cheque bounce complaint, it is allegged by complainant that " I advanced amount in question in December 2015 and on same date accused issued a PDC of dated 12.12.2020, and on its due date i presented the cheque with my banker for encashment and bounced."

Is there any leagal enforceable debt ?

Pl clarify.



Learning

 10 Replies

S Mallikarjuna Sali   15 March 2020

you can present the same to your bank on 12.12.20

Dr J C Vashista (Advocate)     16 March 2020

Of course it is a legally enforceable debt for which PDC was drawn.

Real Soul.... (LEGAL)     16 March 2020

you have the cheque dated 12.12.2020 and it would appear that you agreed to receive the amount on 12.12.2020,you cannot file even checque bounce case upon the borrower until 12.12.2020 that too if the cheque is not honored, just approach him and ask your money or just wait till the cheque date matures. 

Adv Deepak Joshi +917017821512 (Advocate)     16 March 2020

your query does not make sense

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     17 March 2020

Hi Frirnds, 

Sorry i mentioned wrongly the date of PDC as 12.12.2020, instead of 12.02.2020. in fact the complaint already has been filed.

My simple query is only that " Can a cheue be issued with such a post date, when original debt itself becomes time barred at the time of presentation of such cheque, being any debt recoved after five years is talready ime barred " 

As per N I Act, i think the date of issuance of cheque has no significance, but date of cheque is important.

If it is so that it will be big tool in the hands of such a person, who had time barred debt in his boks since lat ten years and after arranging the blank cheque of drawer, claims in court that he received the post dated cheque ten years back for the currunt date.

Thanks

 

Shashi Dhara   18 March 2020

Go and file cheque bounce case he takes his defence you take your defence the court will decide it ,the aggrieved party will appeal,a land mark judgement may be produced ,y you worry about limitation and other things,the opposite advocate will think about it,he file citiation he use his strength energy to save his client you simply go to court and lead evidence,it goes on because it is just endless proceedings .

Shashi Dhara   18 March 2020

Pronounced not produced ,sorry .it may come in ilr or air .

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     30 March 2020

Originally posted by : Ashish Singla 098140 76600
My simple query is only that " Can a cheue be issued with such a post date, when original debt itself becomes time barred at the time of presentation of such cheque, being any debt recoved after five years is talready ime barred "   

 

1. Cheque Bounce case is a Criminal Case.  Criminal Liability starts from date of Cheque Bounce and not from date of amount Transaction.  Hence, in criminal cases, the debt CANNOT ever be "Time Barred". Taking or giving PDC is not any type of offence. Only thing that remains to be proven is the existance of the "legally enforceable liability" (which means the legitimate amount transaction).

2. Time Barred criteria can be used only in Civil Court while filing Recovery suits.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Shashi Dhara   30 March 2020

Every day is changing in banking regulation five years old cheque is now valid or invalid,enquiry it,the bank has merged or lost its identity, simple file suit god is great ,if your Naseeb is quiet you get money if not u tell I tried my best ,but lost .

Siddharth Srivastava (Advocate)     04 April 2020

Yes it is enforceable. You can file complaint case u/s.138 N.I Act and also recovery case of cheque amount. 


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