M.Venugopal v. T.Sakthivel
Case brief
What is this about?
The court dismissed the second appeal in a money recovery suit based on a dishonoured cheque. It held that limitation runs from the date of cheque dishonour, not the loan date or issuance, and found the suit was filed within time.
What did the court decide?
Second Appeal dismissed. Costs throughout. Connected M.P. dismissed.
What the court decided
Second Appeal No.18 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2024
CORAM :
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
Second Appeal No.18 of 2019 and C.M.P.No.286 of 2019
M.Venugopal …. Appellant
-Vs-
T.Sakthivel
…. Respondent
Prayer : Second Appeal under Section 100 of C.P.C., against the judgment and decree dated 04.03.2016 passed in A.S.No.46 of 2014 on the file of the Second Additional District and Sessions Court, Salem in confirming the judgment and decree dated 07.03.2014 passed in O.S.No.260 of 2011 on the file of the I Additional Sub Court, Salem.
For Appellants : Mr.P.Mani For Respondents : Mr.Anbalagan
Issues for consideration
2 issues framed by the court
Whether a suit for recovery on a dishonoured cheque is barred by limitation if filed more than three years from the loan date?
Whether the date of dishonour of the cheque is the base for computing limitation in a suit for recovery against a cheque?
Parties & counsel
- appellant
Venugopal
- respondent
Sakthivel
Coram
LAKSHMINARAYANAN
Case details
As recorded by the court registry
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