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2009 (4) TMI 1035 - HC - Indian LawsDishonor of Cheque - discharge of legally enforceable debt or not - acknowledgment of debt in terms of Section 18 of Limitation Act 1963 or not - time limitation - HELD THAT:- One thing which is important and can be taken note of is that neither in the complaint nor in the notice nor in the affidavit it has been stated that the debt which became time barred i.e. the amount which was paid by the complainant to petitioner No. 1 at the asking of petitioner No. 2 on 1.2.2002 was ever acknowledged within the period of limitation so as to keep the liability alive. On perusal of the complaint and other documents show that the complainant had paid a sum by way of cheque to petitioner No. 1 at the asking of petitioner No. 2 somewhere in January, 2002 and the said cheque was credited in the account of petitioner No. 1 on 1.2.2002 and was payable after six months and was not paid within three years from 31.8.2002 that is the period within which it was under limitation and as such the loan became time barred as on 31.8.2002. It is also clarified that first two cheques which stated to have been paid to the complainant by the petitioners were paid on 27.4.2006 and 31.5.2006. Thus those cheques were paid after three years of the friendly loan having became time barred. Similarly, the cheques issued in lieu of the original cheque i.e. a cheque bearing No. 817773 dated 30-08-2006 and another cheque bearing No. 350562 dated 05-05-2007. Section 18 of the Limitation Act clearly goes to show that for analyzing the limitation of a civil liability beyond a period of three years, the acknowledgement, if any, must be there before period of limitation is over, which is not the case. It may also be relevant to take note of the judgment delivered by the Bombay High Court in Smt. Ashwini Satish Bhat v. Shri Jeevan Divakar Lolienkar and Anr.[1999 (2) TMI 699 - BOMBAY HIGH COURT], wherein also in a similar case when a cheque was dishonoured which issued beyond the period of limitation the appeal filed by the complainant was dismissed. No contrary judgment has been cited on behalf of the complainant/respondent. Accordingly the petition is allowed. The complaint dated 13.12.2007 and all the proceedings emanating therefrom are hereby quashed.
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