Limitation issue
Sandeep Didwania
(Querist) 03 June 2014
This query is : Resolved
Sir
Someone issued a cheque to my client in July 2009 and the same was deposited and was returned dishonored on 28th Oct 2009 due to insufficient fund. Thereafter we had sent a legal notice under sec 138 of N.I. Act asking to make the payment within 15 days from the date of reciept of such notice but even after non payment we were compelled to file a C.R. case under sec 138 of N.I. act.. the case was in process till Sep 2012. Thereafter we were required to withdraw the case due to some defect, and subsequently filed a money suit in the court of Munsiff on 20th oct 2012.
we had also filed a petition then mentioning that we had filed this suit lately as the case was pending before the S.D.J. M Court. now the case is in the argument stage, the O.P. lawyers are putting stress that the cause of action began from July 2009 as the cheque was issud in July and as such the suit is barred by law of limitation as the suit was filed 3 months late beyond the period of limitation...
Our point is that the cause of action shall begin from the date on which we have received intimation from the bank that the cheque has bounced due to insufficiency of funds. i.e. the cause shall begin from 28th Oct. 2012.
And if our point is proved we are well within the period of limitation by eight(8) days.
Plz give ur valuable opinion and any case ruling to support my point.
Thnx...
venkatesh Rao
(Expert) 05 June 2014
Your opponent is correct. Limitation for recovery suit commenced in July 2009. Limitation as pleaded by you is taken care of for complaint under NI Act. If the suit is now for arguments on main, there must have been a preliminary issue regarding limitation. Pl. refer to issues and evidence led thereon.
