Ms. Poonam Krishna Manuja vs Mrs. Anupama Juneja on 10 June, 2022
37. If we assume that cheques were issued with respect to
deposit, then also plaintiff can be held entitled to relief as limitation
period for the same will commence from the date of demand i.e. after
serving of legal notice. Counsel for the plaintiff in this respect relied
upon the judgement of Hon'ble High Court of Delhi in Jagmohan Behl
vs K.S. Gupta and Ors, Manu/DE/2337/2018. Presentment of cheque
if of no consequence after demise of Sh. S. C. Juneja. Plaintiff has
sufficiently proved that PW1 and PW2 had an arrangement with Sh.
S. C. Juneja wherein Sh. S. C. Juneja used to accept deposits / loan
from the plaintiff and also used to regularly pay the interest thereon.
The cheques Ex PW 1/5 and Ex PW 1/7 are drawn on Indian Bank and
the payment received by plaintiff of interest is also via cheque drawn on
Indian Bank. However, plaintiff has not been able to prove the extent of
estate received by defendants of Late Sh. S.C. Juneja. In the cross
examination of DW1, DW1 has stated that Sh. S.C. Juneja had no
properties. It was further stated that DW1 has no knowledge about the
bank account number 719060077.