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2022 (10) TMI 1198 - SUPREME COURTDishonour of Cheque - legally enforceable debt - time limitation - rebuttal of presumption - Section 138 and 118 of the Negotiable Instruments Act, 1881 - HELD THAT:- The High Court thought fit to quash the proceedings on the premise that on the date of summoning the Accused the legally enforceable debt was time barred - High Court seems to have proceeded on the footing that there is no averment in the entire complaint as regards any kind of acknowledgment of the said debt by the Accused within the period of three years i.e. within the limitation period of recovering the debt. Once a cheque is issued and upon getting dishonoured a statutory notice is issued, it is for the Accused to dislodge the legal presumption available Under Sections 118 and 139 reply of the N.I. Act. Whether the cheque in question had been issued for a time barred debt or not, itself prima facie, is a matter of evidence and could not have been adjudicated in an application filed by the Accused Under Section 482 of the Code of Criminal Procedure. Appeal allowed by way of remand.
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