ASHOK BISWAL Vs. MOHD JAFFAR

JUDGEMENT

(1.) Challenge has been laid in the present petition to the maintainability of the complaint filed by the respondent against the petitioner under Section 138 of the Negotiable Instruments Act on the ground that the same is barred by limitation.

(2.) In a nutshell, the facts of the case as set out in the complaint filed by the respondent, are that the respondent advanced a friendly loan to the petitioner to the tune of Rs. 4,00,000/- and the petitioner issued the following post dated cheques for the refund of the loan amount: <FRM>JUDGEMENT_109_DRJ119_2010_1.html</FRM>

(3.) On presentation of the three cheques mentioned at S. Nos. 1 to 3, as noted above, by the respondent/complainant with his bankers for encashment, the same were returned back on 7.3.1996 with the remarks, "insufficient funds". It is averred in the complaint that on the assurance of the petitioner, when the respondent/complainant presented the fourth cheque mentioned at S. No. 4 above, the same got dishonoured by the bankers of the petitioner on 2.5.1996, with the same remarks, "insufficient funds".