RAJIV BHAGWANRAO Vs. SAU MIANKSHI

JUDGEMENT

(1.) This is an application for leave to Appeal.

(2.) By the impugned judgment and order, the accused have been acquitted under Section 138 of the Negotiable Instruments Act.

(3.) On perusal of the impugned judgment and order. I find that the acquittal is based on cogent reasons. The loan was given on two dates and the last instalment was given on 5.2.1997. The cheque was issued on 22.9.2000, which is beyond the period of three years. The trial Court held that debt is not legally enforceable debt as the recovery of debt was time barred. It was contended that the issuance of cheque even after the period of limitation would be a fresh cause of action within the meaning of Section 25(3) of the Negotiable Instruments Act.