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2019 (12) TMI 1451 - HC - Indian LawsDishonor of Cheque - section 138 of Negotiable Instruments Act - time limitation - It is the contention of the learned Senior Counsels for the applicant that the payments alleged to have been made in the months of February 2016 and March 2016 would not revive the period of limitation since the amounts were said to have been paid only after expiry of the limitation - whether the claim of the respondent is barred by limitation? - HELD THAT:- A bare perusal of Section 18 in the Limitation Act would show that a fresh period of limitation would commence from the time where before expiry of the prescribed period for a suit or application, an acknowledgment of liability has been made. But in the matter on hand, as per the provisions of the Limitation Act, the period of limitation for both the loans got expired on 09.04.2011 and 29.03.2014 respectively. Even assuming that cash payments were made on 20.02.2016 and 22.03.2016 and the cheques were issued on 10.06.2016, everything had taken place after the period of limitation. This Court while dealing with the time barred debt observed that there must be a distinct promise to pay the money and the promise must be in the form of writing signed by the concerned person or his authorised agent. But in this case, admittedly, no such written promise produced by the complainant. Thus, the suit has been filed on a time barred debt and there was no legally enforceable liability for filing the criminal complaint - application disposed off.
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