Negotiable Instrument Act
C. A. N. B
(Querist) 23 March 2009
This query is : Resolved
Hi Friends,
One of my client having a cheque date 25/05/2005 that has been dishonoured by bank due to insufficent balance of funds earlier. Now my client intends to claim that money form that party is there any remedy awailabe for that since time limit for making claim u/s138 of N.I Act has already been expired.
pls guide is there any solution of above problem.
thanks and Regds
N,B,
M. PIRAVI PERUMAL
(Expert) 23 March 2009
Generally one can can file a money suit for recovery of the amount just like recovery of money in case of promissory note. But in your case it is time barred. Money suit for recovery ought to have been filed within 3 years.ie. 25/05/2008.
K.C.Suresh
(Expert) 24 March 2009
Hit by limitation
Hiralal Das
(Expert) 04 April 2009
Yes,I agree with my learned friends. Please try to follow their valuable opinions.
Ashey
(Expert) 06 April 2009
It is a time barred debt