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Received cheque for cash now payer of the cheque is asking for money
12-Jul-2023 (In Recovery Law)
Dear sir/ mam, I have received two account payee cheque on 10/05/2013 and 10/06/2013 from my sister's father-in-law . amount of cheque is rs. 30000 each (i.e. total amount of cheque is rs. 60000). the cheques are received in against cash given to his son in the year 2011 (sister's husband) but we have no evidence that we had give him cash. Now my sister's father-in-law is issued me a notice that give me my money which was paid by him through account payee cheque to me as aforesaid...........therefore please advice that can we use the provision of limitation act or not...
You can give a reply to the said notice issued by your sister's father in law stating that the cheque were issued by him in your favor for repaying the amount given by you to his son and there is a presumption in law as to the issuance of cheque.
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Adv. Nitin Chopra
Allahabad | 200+ Answers
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Dear Since your sister's father has credited amount to you by a/c cheque it simply meas he has sufficient & substantial evidence to go to court to recover the amount as debt, since 2013 is issuing year and limitation period is 6 years so it is not in your favour but can go the otherway, Please consult your local DR lawyer. Thanks to reaching us.
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Adv. Hariom Dubey
Varanasi | 25+ Answers
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First and foremost you need to reply back to the legal notice received by you. In the notice you should state the facts which you and disclosed in your query and dispute existence of any debt; and thereby your liability as against him. As far as application of Limitation Act is concerned, it has no bearing with your query. The defence of claim being time-barred under the provisions of Limitation Act can be resorted to only once your sister's father in law actually proceeds against you in the Competent Court of Law.
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