9911796707
TMI Blog2023 (9) TMI 1360X X X X Extracts X X X X X X X X Extracts X X X X ..... cknowledgment. Therefore the averments made in the complaint show that the cheque was issued for time barred debt. In this context the learned counsel appearing for the petitioner relied on various judgments - In M/S. JAGE RAM KARAN SINGH ANR. VERSUS STATE ANR. [ 2019 (8) TMI 310 - DELHI HIGH COURT] where it was held that The Appellate Court has rightly held that the alleged responsibility of the respondent No.2, if any, had already become time-barred as on the date of the issuance of cheque and, therefore, the same cannot be said to be in discharge of a legally enforceable debt or liability. Thus, it is clear that if cheque was issued for time barred debt then the proceedings under Section 138 of the Negotiable Instruments Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... presented for collection on 13.08.2019 but the said cheque returned dishonored for the reason Funds Insufficient . Thereafter the same was informed to the petitioner and on 07.09.2019 sent notice to the petitioner and the same was received by the petitioner on 09.09.2019 but he neither gave reply nor settled the amount. Hence he filed the above complaint. 2.1.In fact the petitioner approached the respondent and obtained loan in the year 2015 for a sum of Rs.1,00,000/- and the same was repaid with interest as Rs.1,20,000/-. At that time the above said cheque was handed over to the respondent for security purpose. After settling the amount when the petitioner demanded to return the cheque the respondent represented that the cheque was mi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... que dated 13.08.2019 and when the same was presented for collection on 14.08.2019 it was as returned dishonored for the reason insufficient funds . Infact the petitioner has not issued the above said cheque for the above said amount as alleged by the respondent. The petitioner also borrowed a sum of Rs.1,00,000/- on April 2015 and at the time of borrowal of the amount the cheque was handed over to the respondent for security purpose and thereafter the entire amount was repaid. When the petitioner asked about the cheque the respondent represented that it was misplaced and thereafter the cheque was misused by the respondent and this petitioner received notice from the respondent. After notice when he approached the respondent he represented ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 16 as alleged in the petition would not amount to acknowledgement for debt. As per Section 18 of the Limitation Act the acknowledgement should be in written within the limitation period but in this case there is no written acknowledgement by the petitioner. Though in the complaint there is an averment that the petitioner repaid a sum of Rs.1,20,000/- on 01.12.2016 no records produced to show that the petitioner had given written acknowledgment. Mere averments in the complaint are not sufficient to hold that there is an acknowledgment. Therefore the averments made in the complaint show that the cheque was issued for time barred debt. In this context the learned counsel appearing for the petitioner relied on the following judgments: i) M/s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s provision in the explanation to Section 138 of the Negotiable Instruments Act the judgment of the lower appellate Court as confirmed by the High Court is unassailed. Therefore, the special leave petition is dismissed. ii) Samadharman and other .vs. S.Nataraja in Crl.O.P(MD) No.3824 of 2012, wherein it is held as follows: 23. In the instant case, it has already been pointed out that at the time of issuance of cheque that is, on 01.02.2011, the debts alleged to have been received by the petitioners have become time barred. Therefore, viewing from any angle, the contention put forth on the side of the petitioners is really having subsisting force. 7. On a careful reading of the above said judgments it is clear that if ch ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
