Limitation period commencement and procedural inquiry rules: identity-based limitation upheld; complaints by authorised public servants need not attra...
Section 138 requires cheques to be presented within six months from the date drawn or within validity; undated cheques delivered on the loan date are reckoned from that date, and presentation after that period invalidates Section 138 relief. Separately, guarantor liability under the Master Facility Agreement and Deed of Guarantee arises only after contractually defined events of default and prescribed pre-conditions (including notice/demand) are complied with. Where the record shows ongoing payments, a subsisting restructured account, and no crystallised default or contractual demand, invoking security cheques or Section 138 proceedings amounts to an abuse of process and is impermissible.
Section 138 requires cheques to be presented within six months from the date drawn or within validity; undated cheques delivered on the loan date are reckoned from that date, and presentation after that period invalidates Section 138 relief. Separately, guarantor liability under the Master Facility Agreement and Deed of Guarantee arises only after contractually defined events of default and prescribed pre-conditions (including notice/demand) are complied with. Where the record shows ongoing payments, a subsisting restructured account, and no crystallised default or contractual demand, invoking security cheques or Section 138 proceedings amounts to an abuse of process and is impermissible.
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