cheque was issued after nearly 5 years

138 NI ACT-CONVICTION AND SENTENCE SET ASIDE

Negotiable Instruments Act, 1881, Sections 138, 139 and 56 - Criminal Procedure Code, 1973, Section 397, 401 and 200 - Dishonour of cheque - To enforce a liability under Section 138 of N.I Act, it should be a legally enforceable debt - In the present case, allegations of the complaint itself disclose that the hand loan was advanced in the year 2002 and cheque was issued on 07.12.2007 - In view of that matter, it is evident that this cheque was issued after nearly 5 years and it is clearly barred by law of limitation - Apart from that complainant has no where pleaded as to specific date of advancement of money and it is difficult to accept that he is unable to ascertain the date when he has advanced a huge amount of Rs. 5,00,000/- that too in 2002 - Conviction and sentence set aside - Revision allowed. (Karnataka) [DocId#2461081]