After the cheque bounced you must have filed a case under the negotiable instrument act. He approached the hc and the case is pending. Therefore it cannot be classified as a rine barred debt as you filed the case within time. The opposite parties cannot classify it as such. How are classifying this as a time barred debt I do not know.

Did you file a summary suit?

Then too it cannot be termed as a time barred debt.

He can go upto the supreme court but t that depends upon the amount.

Regards 

1. No it is not time barred.

2. The cause of action was.continuous the person acknowledged debt by giving cheque.

3. The compensation and interest can be granted.

4. The property can be attached through court.

5. That is on merits of the case.

6. Cavet is not.required this is criminal case you will get notice.

If the debt was 3 years old then it becomes time barred debt. But of the debt is acknowledged between the period after lapse of limitation still the new cause of action arises. He can appeal in supreme court

1) claim appears to be barred by limitation 

2) if borrower had acknowledged his liability claim would not be barred by limitation 

3) you would get interest in recovery suit 

4) inspite of decree if borrower does not pay take out execution proceedings against borrower 

5) you can file appeal if you are not granted reliefs 

1. No, the time taken in course of legal proceeding is not counted to calculate 3 years from the last date of hsia admission of debt. 

2. This is not a time barred debt if you have followed the advise above..

3. Yes

4. You can go for attachment of his property.

5. Yes, he can prefer another round of appeal.

6. Yes'

7. Expedite the case.

1. Prima facie, the debt became time barred on 1.6.2018, but if within the past 3 years he has made a fresh acknowledgment of debt then cause of action still survives. The date on which he paid the last installment may be very crucial in this regard.

2. If despite decree of the civil court he does not pay the amount then you can file execution petition against him in which the court can first attach his property in satisfaction of the decree and then send him to jail if he does not possess any property.

3. The losing party can always assail the judgment in the higher court.

Dear Querist

My opinion on your queries are as under:-

1. what was the terms of loan, the limitation shall be start from the date of refusal of repayment.

Example:- suppose you lend him on 01.04.2012 for three years and he issued a cheque on 01.06.2015, so your limitation shall be start from 01.06.2015 and within three years you may claim your amount by the court by filing civil suit for recovery or by filing criminal complaint for cheque bounce.

so as per the above example, the claim is not time barred.

2. as above, there are so many judgments of supreme court and High Court in this regard.

3. if the trial court grant any relief regarding interest than only, not otherwise. but the high court may use his inherent power and may grant interest part with the compensations and cost too.

4. file the execution petition before the court and get an order for attechment of his property(movable or immovable), if he has no property then you may approach the court for issuance of arrest warrant, he will be in jail or pay the amount.

5. he may file second appeal before the higher court.

6. yes, you should be, it will be beneficial for you.

7. immediately after the order of the high court, if in your favor, file execution petition and get an order and start execution proceedings.

Feel Free to Call

1.  Cheque Bouncing matters WILL NOT get time barred IF the matter is sub-judice in any court.  Court will order his arrest and prison, as punishment.

2.  Cheque bouncing matter is criminal matter, hence Interest or compensation for delay is not allowed.  Accused can move even Supreme Court against the order of the HC.  You can file cavet before the HC (div. bench) and SC, to be heard before granting any relief.

1. As per the information mentioned in the present query, makes it clear that the case is not time barred as per law, so don’t worry on this.
2. The lawyer can do that as you filed the cases on time otherwise it would have had been rejected here only before the lower court.
3. You would get the money including the interest in it or sometimes double the amount.
4. And interest will be canculated from the date of cheque bounce till the final conclusion as each appellate level.
5. If he doesn’t pay then he would go to jail for sure and will be facing one more case, and tu money would be recovered from his property, if any.

Dear Sir,

My answers are as follows:

1. Does this qualify as time barred debt?

Ans: The time spent in the Courts does not qualify for filing a suit. The limitation of three years will be counted from the date of dishonour of cheque.

2. If the opposite lawyer classifies this as time barred debt, how shall we counter this so as to safeguard our stand.

Ans: The other side cannot say that it is time barred debt in criminal case as it might have filed within prescribed period.

3. Will i get a decree for interest and what about wasted time?

Ans: If you are going to file civil suit on the above cheques within three years of period as stated above then you will get interest all along.

4. After we win the case, in case he doesn't pay, what measures must I take.?

Ans: There are so many remedies like attachment of property and even putting him in jail for non payment of decreetal amount.

5. If he loses here, will he get relief in any other court?

Ans: Both cases are different and no party can rely upon result of criminal case.

6. Should i send a caveat to protect my interest. If he loses.

Ans: You need not.

7. How is the best pay to move forward?

Ans: If you share all the details then only it is possible.

1.  Since the limitation for filling a money recovery suit is only three years from the date of cause of action, it may be badly hit by the limitation.

2. The court itself may not entertain the civil case for money recovery since it is barred by limitation.

3.See the above ansewr.

4. You may follow the procedures as per law for further action because it will be mentioned in the judgment itself about the action on non-payment in the criminal case judgment.

5. What do you mean by this i.e., the other court?

6. Yes, you can 

7.You wait the appeal result