VidhiSangh

Supreme Court of India · 06/09/2023

K. HYMAVATHI versus THE STATE OF ANDHRA PRADESH & ANR.

[2023] 14 S.C.R. 412 · 2023 INSC 811

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Summary

The Court restored four cheque-dishonour complaints quashed on the assumption that the underlying loans were time-barred. The promissory notes fixed repayment in December 2016, so limitation ran from expiry of that period rather than execution in 2012. The 2017 cheque and complaint were therefore within time, making threshold quashing unjustified.

Issues

  1. Whether limitation ran from execution of the promissory note or expiry of its fixed repayment period.
  2. Whether the High Court could quash the cheque complaints on the asserted absence of a legally enforceable debt.

Provisions considered

Held

Result

Appeals allowed without costs. Quashing order set aside and all four complaints restored to the Chief Metropolitan Magistrate, Visakhapatnam, for disposal within six months after a copy of the judgment is furnished.

Judgment PDF: Supreme Court of India, [2023] 14 S.C.R. 412.