The Hon'ble Trial Court as well as Appellate Court have failed to appreciate the question of law that, the claim of the respondent is time barred as per the contentions of the respondent in his complaint only. The petitioner herein has admitted that, he has taken only an amount of Rs.1,19,500/- from the respondent through bank account on different dates in the year 2013 only. He has not taken any amount from the respondent by way of cash and the amount taken by the petitioner herein has been returned to the respondent in three instalments with interest. Other than the said amount the petitioner has not taken any amount. In the present case, the alleged cheques both are dated in the year 2017. Hence, the claim of the respondent pertaining to the alleged loan of the year 2012, 2013 and 2014 is not maintainable in view of the fact that, time is barred by the limitation. If it is considered the alleged transaction of the year 2012, 2013, & 2014, the total alleged loan amount is Rs.5,50,000/-. Hence, the alleged claim of the respondent to the extent of Rs.5,50,000/- is time barred and hence the cheques alleged to have issued pertaining to the said amount of Rs.5,50,000/-is not maintainable. Hence, the cheques for Rs.7,50,000/- is not maintainable. Hence, complaint ought to have been dismissed by the Hon'ble Trial Court. The said aspect of delay has not been appreciated by the Hon'ble Trial Court. Since the ground of delay is a question of law, same can be raised in the appellate and revisional stage also.
