88+ Lawyers are online 
LIMITATION OF PROMISSORY NOTE EXTENDS OR NOT AFTER CHEQUE BOUNCE
04-Feb-2023 (In Cheque Bounce Law)
Party has taken loan of 65000 on date 2-3-2016 and he had given a cheque with interest on 10-1-2019, but the cheque was bounced. What should I have to do. I have to put only cheque dishonour case or both cheque dishonour and promissory note case also. The party given a cheque on 10-1-2019 and bounced, he tried to pay through cheque, whether the " LIMITATION OF THE PROMISSORY NOTE " extends from the date of the cheque he given to me or remains same as the date on the original promissory note
sir you have to produce both cheque and promissory note in the same case and then you have to file a case first you have to send me my notice and then you have to file a case against him both promissory note and cheque can be produced in the court
Helpful?
48+
48+
Adv. Akshay Gupta
Hyderabad | 200+ Answers
CONTACT NOW
hi
as such, the limitation period for filing money recovery suit is three years. so technically your limitation ends on 1 March 2019.
now that the person has given cheque and the same has bounced, you should file the following cases.
1) Cheque bounce case under 138 NI act( this has to be filed on or before 15 Feb, assuming legal notice was issued on 15 Jan 2019) and
2) summary suit for money recovery under order 37 CPC on or before 01 March.
3) unless and until the borrower has executed a new promissory note acknowledging the earlier debt, limitation to file money recovery suit will expire on 01march
as such, the limitation period for filing money recovery suit is three years. so technically your limitation ends on 1 March 2019.
now that the person has given cheque and the same has bounced, you should file the following cases.
1) Cheque bounce case under 138 NI act( this has to be filed on or before 15 Feb, assuming legal notice was issued on 15 Jan 2019) and
2) summary suit for money recovery under order 37 CPC on or before 01 March.
3) unless and until the borrower has executed a new promissory note acknowledging the earlier debt, limitation to file money recovery suit will expire on 01march
Helpful?
47+
47+
Adv. Rajagopalan
Hyderabad | 500+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Cheque Bounce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
