limitation of cheque

advocate satya (Querist) 07 March 2009 This query is : Resolved
hi
one cheque of rs 3 lacs is dishonered three years back, and the limitation attracts, what is the way to initiate case for the same ?

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PALNITKAR V.V. (Expert) 07 March 2009
Please narrate other facts to find out whether Sec. 420 IPC is applicable. Secondly, delay can be condoned in certain circumstances to save limitation. I dont know if any such circumstances exist in your case.

advocate satya (Querist) 07 March 2009
hi
there is no case of sec 420, however could you pls let me know the circumstances to save limitations, the case is one party issued cheque in lieu of the advertisment published in a company and after the publication the amount of the cheque he had given is bounced

AEJAZ AHMED (Expert) 07 March 2009
Dear Satya,

What do you mean by " three years back " ?

Can you provide the correct date.

For Every Civil Claim it is provided with a 'Limitation period ' and the period is of Three (3) Year' from the date of " LAST CAUSE OF ACTION " .

So your Query is not clear about the Last Date of Transaction with the Opposit Party.

If you file the Civil Suit after the aompletion of Three (3) years it will be Time barred Suit. May be dissmissed.

With concerned to the reply of MR. Planitkar, there are several Judgement of different High Courts on the on the question of applicability of Sec.420 of IPC in 'Dishonor of Cheque':

AS

" Sec 420 is not applicable/ does not attracts in the matters of Dishonor of cheque"

B.B.R.Goud. (Expert) 07 March 2009
i do agree with aejaz ahmed.

for this, sec 138 of N I Act, criminal breach of trust under IPC can be instituted with condonation fee for time barred of limitation.