Legal Question in Civil Litigation in India

Dishonour of cheque

'A' gave Rs.23 lacs to 'B' for his daughter admission for higher studies. B did not do the admission. On pressure from A, he gave a cheque for Rs.23 lacs. cheque bounced. 138 was filed. A won the case. he is not happy with the penalty of Rs.23 lacs given to B. Cheque was dated in 2003.

1) Can A file a summary suit based on the cheque. Can limitation be a problem? Apart from cheque, there is no other document to prove liability.


Asked on 4/28/09, 4:47 am

5 Answers from Attorneys
Pranav Desai PD Legal & Associates

Re: Dishonour of cheque

Yes, limitation could be a problem because recovery suit has a limitation of about 3 years unless or until the limitation is revived.

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Answered on 4/29/09, 7:34 am
muhamed mustaque mk associates

Re: Dishonour of cheque

civil suit will be barred by Limitation, however he can get compensation in 138 proeedings itself.

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Answered on 4/28/09, 4:52 am
Nandita Haldipur Haldipur Associates

Re: Dishonour of cheque

suit will be time barred

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Answered on 4/29/09, 9:17 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Dishonour of cheque

yes, limitation may be a problem. the suit, though maintainable, may be barred by limitation. may make an effort. contact a local lawyer.

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Answered on 4/28/09, 1:09 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Dishonour of cheque

limitation could be a problem.

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Answered on 5/09/09, 9:28 am


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