Cheque as a pro-note - time limit.
Querist :
Anonymous
(Querist) 04 December 2011
This query is : Resolved
The cheque is dated 01.03.2008. The cheque was dishonoured. The holder does not have any other document to prove that the drawer owes him. No other transaction held between the parties. To be precise he is not having any other document except that of the cheque.
The holder initiated criminal and civil case.
In the civil case, he had issued a demand notice on 01.01.2011. No reply was given. The case was filed on 01.11.2011.
The defence is that the civil case is:-
1. Time barred, as it was initiated after 3 years and 8 months.
2. The demand notice does not extend the time limit.
Learned experts please give your views on the above defence.
Is there any case law which says the civil suit can be filed beyond 3 years.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 04 December 2011
Time barred cases have no remedy for the plaintiff unless he has applied first for delay condonation. So in your case it will be dismissed.
M/s. Y-not legal services
(Expert) 04 December 2011
dont know that you are an advocate or layman.,
if you are advocate mean you should be shame for read this.,
FOR POSTED WITH ANONYMOUS
if you are layman mean, i feel you dont have any case as per limitation.,
you should be aware with limitation,
cheque date:1-3-2008, so valid till 30-9-2008.
so three years from the expiry date is 30-9-2011..
in case if issued notice on 30-9-2011 mean you may be having limitation on 1-11-2011.
so you issued notice in time., but after notice you take ten months to file the suit., thats only your faultt..
ajay sethi
(Expert) 04 December 2011
since the defendant has not made any acknowledement of his libaility nor made any offer to make payment your claim would be barred by limitation
