TIME BARRED
advocate satya
(Querist) 20 March 2009
This query is : Resolved
hi
if there is a case of cheque bounce and the limitations of three years is been passed, if the accused shows the cheque amount as in his income tax return will the limitations extends? i heard a recent judgement on this is it true? further i want to ask can the information of any person as to his income tax return can be got from income tax dept. under RTI?
A V Vishal
(Expert) 20 March 2009
Dear Satya:
In first instance th limitation under NI act for cheque bouncing is not 3 years. The period of limitation of 3 years is applicable in case of DP Note.
If the accused shows the amount in his tax returns will not help the case.
Information of any person can be got under RTI, provided the person extends his permission to the department to provide his details to a third party
adv. rajeev ( rajoo )
(Expert) 20 March 2009
the period of limitation is not for NI Act it is for recovery of money on the promissory notes and any commerical transacaions. When cheque bounces within one month of issuance of notice is mandatory by giving 15 days time to make the payment and afterwards within one month complainant will have to be filed otherwise it is time barred.
A. A. JOSE
(Expert) 21 March 2009
Agree with above views.
advocate satya
(Querist) 21 March 2009
sir
if the cheque is bounced four years back can the notice be issued now and the complaint under NI ACT can be filed? further please clarify what is DP note?
A V Vishal
(Expert) 21 March 2009
Dear Satya:
The notice for dishonour of cheque cannot be issued now, it is time barred under the law of limitation. A question arises why did the creditor keep quite for 4 long years.
A V Vishal
(Expert) 21 March 2009
D P Note is demand promissory note.
Kiran Kumar
(Expert) 22 March 2009
I think Vishal has sufficietly replied the querry.
after 4 years u can not raise the issue now...
B.B.R.Goud.
(Expert) 23 March 2009
i do agree with my learnd friends.
adv. rajeev ( rajoo )
(Expert) 24 March 2009
limitation to file cheque bounce case is like this.
after receiving the intimation from the bank u will have to issue notice within one month to repay the money giving 15 days time to make the payment from the date of receipt of ur notice after lapse of 15 days within one month u will have to file a complaint. otherwise complaint will dismissed.
u can get the certified copy from the income tax office
Y V Vishweshwar Rao
(Expert) 16 April 2009
I am of the view that Mr Vadrali is correct to the query of Advocate Satya.
Sachin Bhatia
(Expert) 04 October 2009
The limitation under NI act for cheque bouncing is not 3 years.
