Negotiable Instruments Act, 1881–Secs. 138–Quashment of proceedings with the view that the limitation for enforcing the promissory note had expired much prior to the issuance of the cheque in question–Justification–Cheque itself is a promise to pay even if the debt is barred by time–Further, the issue as to whether the debt or liability was barred by the limitation, was to be decided on the evidence to be adduced by the parties–Promise to repay the principal amount with interest accrued within December 2016–Cause of action would arise to initiate the proceedings in December 2016–As per Article 34 of Limitation Act, limitation of three years would begin to run from December 2016–Cheque issued was of 28.04.2017–Held, not only the amount was legally recoverable but also the complaint was also in limitation–There was no occasion for quashing the complaint for the High Court.
