TMI Blog2022 (10) TMI 1198X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - S. Abdul Nazeer And J.B. Pardiwala, JJ. For the Appellant : Ms. Sweta Rani, AOR And Mr. Anant Agarwal, Adv. For the Respondent : None ORDER 1. Lea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hin the period of three years i.e. within the limitation period of recovering the debt. 6. It appears prima facie from the materials on record that the loan was advanced sometime in the year 2011. The cheque in question duly issued by the Accused for the discharge of the debt is dated 01.11.2018 and complaint for the offence Under Section 138 of the N.I. Act was lodged on 14.01.2019. It appears that the High Court has gone by the date of the loan transaction to be precise the year of the loan transaction. If a cheque is issued on 01.11.2018 for the discharge of the debt incurred in the year 2011 then prima facie it could be said to be an acknowledgement of the debt. This aspect needs to be re-considered by the High Court in its true pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f seven years. Prima facie, we are of the view that the period of limitation would start reckoning from the expiry of the period of seven years. 8. 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. 9. Besides the aforesaid, there is one more ground which has persuaded us to set aside the impugned order and remit the matter to the High Court. W ..... X X X X Extracts X X X X X X X X Extracts X X X X
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