https://www.taxtmi.com/caselaws?id=427724 A cheque issued towards a time-barred debt may still support liability under Section 138 of the Negotiable Instruments Act where Section 25(3) of the Indian Contract Act applies, because a written promise or acknowledgment can revive enforceability of the debt. The time-bar objection does not automatically defeat a cheque dishonour complaint when the pleaded facts indicate a possible continuing liability, such as an outstanding loan and payment of interest. Limitation issues in this setting often involve mixed questions of law and fact, so they are ordinarily not finally decided at the quashing stage. Presumptions under Sections 118 and 139 of the Negotiable Instruments Act remain available to the holder, subject to rebuttal at trial. en-us Wed, 17 Aug 2022 00:00:00 +0530 Thu, 15 Sep 2022 11:26:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=427724 A cheque issued towards a time-barred debt may still support liability under Section 138 of the Negotiable Instruments Act where Section 25(3) of the Indian Contract Act applies, because a written promise or acknowledgment can revive enforceability of the debt. The time-bar objection does not automatically defeat a cheque dishonour complaint when the pleaded facts indicate a possible continuing liability, such as an outstanding loan and payment of interest. Limitation issues in this setting often involve mixed questions of law and fact, so they are ordinarily not finally decided at the quashing stage. Presumptions under Sections 118 and 139 of the Negotiable Instruments Act remain available to the holder, subject to rebuttal at trial. Case-Laws Indian Laws Wed, 17 Aug 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=427724