A loan is given to a Partnership Firm on 26.09.2017 through banking channel on the basis of a post dated cheque dated 26.08.2019, in addition to this interest to be paid monthly by cheque. Interest was duly paid upto 08.08.2018 by an account payee cheque dated 06.08.2018. Afterwards no interest was paid. When the post dated cheque 26.08.2019 (handed over to complainant on 26.09.2017) was presented for payment it was dishonored, so a case u/s 138 was lodged . Two accused partners got bail on 19.04.2022. on 10.05.2022, charge was read and explained to two, the claimed to by tried and afterwards kept on filing application of absenteeism (Haziri Maphi) and third one was arrested on 04.04.2023.
Now on 12.04.2023, a banker cheque dated 06.03.2023 , equal to face value of cheque was deposited by the accused in the court with the request application dated 12.04.2023 to give the banker cheque to complainant and decided the matter, which was got by the complainant. On next date 24.04.2023, argument on heard from both the side, complainant arguing that Statutory interest and other expenses, should also be got given to Complainant in addition to this amount of Face value of cheque. But on 12.05.2023, accused was acquitted stating reason that it was at initial stage and amount of cheque has been got by the complainant without any objection except demanding for expenses.
Whether fresh Limitation is available for civil suit from 06.03.2023 i.e. the date of banker cheque, as before this, last payment of interest was made by cheque dated 06.08.2018 was already expired? Please guide with citation if possible.
