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2020 (1) TMI 1651 - HC - Indian LawsDishonour of Cheque - insufficient funds - time limitation for recovery of alleged debt - HELD THAT:- There is no averment in the entire complaint as regards any kind of acknowledgment of the said debt by the petitioner within the period of three years i.e. the limitation period to recover the debt. Thus, there being no acknowledgement by or on behalf of the accused, it cannot be said that the complaint filed in respect of the said debt was maintainable. Similar issue was considered by this Court in Manjit Kaur’s case [2009 (11) TMI 1026 - PUNJAB AND HARYANA HIGH COURT]. In the said case, a cheque issued in the year 2003 in respect of the loan advanced in 1999, was held not be legally enforceable. It was held The acknowledgment of the alleged amount in 2003 was not valid acknowledgment under Section 18 of the Limitation Act and consequently, it was not a legally enforceable debt. On the same analogy, it is held that the cheque issued in 2018 in respect of the loan advanced in the year 2011, cannot be said to be a valid acknowledgment and thus, the complaint filed in respect of the dishonour of the said cheque is not maintainable. As a consequence, the summoning order passed in the said complaint cannot be sustained. The present petition is allowed.
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