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1 - 10 of 17 (0.21 seconds)Section 139 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 128 in The Indian Contract Act, 1872 [Entire Act]
The Negotiable Instruments Act, 1881
Section 118 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 251 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 142 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 250 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 281 in The Code of Criminal Procedure, 1973 [Entire Act]
Amrit Sandhu Costar vs State And Anr on 6 September, 2022
In this regard, reliance is placed by
this court on the judgment of Hon'ble High Court of Delhi in
Amrit Sandhu Costar Vs. State & Anr., (2022) 294 DLT 97,
CC No. 8195/17 Page 17 of 28
Religare Finvest Ltd. Vs. Sudhir Jain
whereby it has been held that "debt or other liability" means a
legally enforceable debt or other liability and the accused cannot
be prosecuted for offence under section 138 of the NI Act, 1881
for issuance of cheque for time barred liability or debt.
Admittedly, the impugned cheque has been issued towards a time
barred debt or liability. The period of limitation seeking recovery
of the alleged loan ended at the expiry of three years after the due
date of repayment of the alleged loan which expired way before
the date of the impugned cheque. In view of the aforesaid
discussion, this court is of the opinion that even if the entire case
of the complainant company is admitted to be true, then also, the
impugned cheque has been issued by the accused in discharge of
a time-barred debt and as such, does not attract the criminal
provisions of Section 138 of NI Act.