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TMI Blog2022 (10) TMI 1198X X X X Extracts X X X X X X X X Extracts X X X X ..... DER 1. Leave granted. 2. These appeals are at the instance of the original complainant of a complaint lodged Under Section 138 of the Negotiable Instruments Act, 1881 (in short "the N.I. Act") and are directed against the orders passed by the High Court of Punjab and Haryana at Chandigarh dated 15.01.2020 in the CRM-M No. 27736 of 2019 by which the High Court quashed the order passed by the Judi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sh the proceedings on the premise that on the date of summoning the Accused the legally enforceable debt was time barred. 5. The 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. 6. It ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gement 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." 7. Thus, what is sought to be conveyed by the High Court is that the acknowledgement of the debt at the instance of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore the expiry of three years from the date of loan. However, as noted above, the understanding was to discharge the liability within a period of 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the matter on its own merits after giving an opportunity to the complainant. However, such application for recall came to be rejected. 10. On both the aforesaid grounds, we set aside the impugned order(s) passed by the High Court and remit the matter for fresh consideration on its own merits and after affording due opportunity of hearing to all the parties concerned. 11. The appeals are allowe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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