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2015 (9) TMI 1754 - HC - Indian LawsDishonour of Cheque - time limitation - It is the contention of the counsel for the appellant- defendant that the suit of the respondent-plaintiff was barred by limitation - HELD THAT:- The assertion of the counsel for the appellant-defendant that the respondent-plaintiff has failed to establish that he was a Travel Agent and the money had exchanged hands, would not be of any consequence as there is no explanation on the part of the appellant-defendant with regard to the issuance of the cheque in question which has been duly proved. That apart, the denial of the signatures by the appellant-defendant on the cheque also cannot be accepted as the respondent-plaintiff has been able to prove on the basis of the evidence and in fact, admission that the cheque book and cheque leaf were of the account of the appellant-defendant. Since the appellant-defendant had denied his signatures, the onus was on him to prove that the cheque did not bear his signature but unfortunately, he did not produce any expert evidence in support of this assertion of his. Further, the cheque has been returned by the bank not on the ground that the signature on the cheque is not of the appellant-defendant but because of insufficient funds. Signing and issuing cheque in favour of the respondent-plaintiff would amount to owing and acknowledging the liability by the appellant-defendant. All these go to prove beyond doubt that the appellant-defendant had acknowledged and accepted his debt. No substantial question of law is involved in the present appeal which requires consideration of this Court - Appeal dismissed.
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