Limitation of suit

Uday Kumar (Querist) 01 January 2014 This query is : Resolved
Dear Sir,

Last transactions are dated 01/04/2000
a cheque which was given in March 2000 was bounced in March 2000 which was represented on 10th July 2000 and again bounced in 11th July 2000

Can limitation of 3 years of suit be started from 11th July 2000 as Second time cheque Bouncing Date

Request for expert view , any case law

With Regards
Uday Kumar
Advocate
9810868162

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ajay sethi (Expert) 01 January 2014
you are an advocate . for citations search indian kanoon .com .

limitation period of 3 years would be from date of issuance of cheque . in any event as on date claim is barred by limitation

Nadeem Qureshi (Expert) 01 January 2014
Dear Uday
the limitation for filing civil suit will be start from second time bouncing.

Rajendra K Goyal (Expert) 01 January 2014
Citation not provided in this section, search indiankanoon.com.

Uday Kumar (Querist) 02 January 2014
Dear Nadeem Ji,

Court has not considered limitation from 2nd time cheque Bounding date.
Hence, if you could give some more light in this would be a great help.

With Best Regards
Uday Kumar
Advocate

Devajyoti Barman (Expert) 02 January 2014
WElL DATE OF SECOND BOUNCING IS ALRIGHT FOR CASE 138 NI Act but for civil case it is date of first issuance of cheque.

T. Kalaiselvan, Advocate (Expert) 02 January 2014
The three years limitation period for cheque bounce case is not applicable, the limitation u/s 138 of NI act is 1 month + 15 days + 1 month. For the money recovery suit, the three years period of limitation will commence from from the date of loan and not from the date of cheque.

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