Limitation of summary suit
RAJAGOPALAN NAIR
(Querist) 23 December 2013
This query is : Resolved
A Complaint under Sec.138 of CrPC is filed in Magistrate Court on 24.12.2010. The cheque is issued against materials supplied to Defendant. The case is still in Magistrate and not concluded. Now I want to file a Summary Suit. The cheque date is 17.12.2009. Cheque dishonoured Memo from bank is dated 18.12.2009. Demand Notice dt. 18.1.2010. Now my question, since the matter is in still in the Magistrate Court, can I file a Summary Suit and is it within the time limit.
Devajyoti Barman
(Expert) 23 December 2013
Yes, you can file but since three years has passed from the date of written acknowledgement i.e 12.12.2009 it is now time barred.
Rajendra K Goyal
(Expert) 23 December 2013
Better let the present suit be continued.
