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    <title>2009 (10) TMI 965 - DELHI HIGH COURT</title>
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    <description>Cheques issued towards a time-barred liability do not represent a legally enforceable debt for Section 138 of the Negotiable Instruments Act. The underlying agreement had become barred by limitation, and the alleged later acknowledgment did not satisfy Section 18 of the Limitation Act because it was not shown to have been made within the prescribed period or in the required written form. As a result, the statutory presumption under Section 139 could not extend to enforceability of the stale claim. The complaint based on those cheques was therefore unsustainable and the proceedings were quashed.</description>
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    <pubDate>Mon, 26 Oct 2009 00:00:00 +0530</pubDate>
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      <title>2009 (10) TMI 965 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=274037</link>
      <description>Cheques issued towards a time-barred liability do not represent a legally enforceable debt for Section 138 of the Negotiable Instruments Act. The underlying agreement had become barred by limitation, and the alleged later acknowledgment did not satisfy Section 18 of the Limitation Act because it was not shown to have been made within the prescribed period or in the required written form. As a result, the statutory presumption under Section 139 could not extend to enforceability of the stale claim. The complaint based on those cheques was therefore unsustainable and the proceedings were quashed.</description>
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      <pubDate>Mon, 26 Oct 2009 00:00:00 +0530</pubDate>
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