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Issuance of a cheque towards a time-barred debt may revive the debt and liability by acknowledgment. The time-barred nature of the underlying debt does not, by itself, prohibit issuing the cheque or bar prosecution for its dishonour under Section 138 of the Negotiable Instruments Act, 1881. An acquittal based solely on the debt being time-barred was set aside, and conviction for cheque dishonour followed.
Issuance of a cheque towards a time-barred debt may revive the debt and liability by acknowledgment. The time-barred nature of the underlying debt does not, by itself, prohibit issuing the cheque or bar prosecution for its dishonour under Section 138 of the Negotiable Instruments Act, 1881. An acquittal based solely on the debt being time-barred was set aside, and conviction for cheque dishonour followed.
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