Introduction

The Supreme Court of India has recently clarified the legal position concerning the issuance of cheques towards time-barred debts. The judgment in this case K. Hymavathi vs State of Andhra Pradesh has significant implications for both creditors and debtors involved in cheque bounce cases under the Negotiable Instruments Act, 1881 (NI Act).

Background

The Andhra Pradesh High Court had quashed a cheque bounce complaint on the ground that the prosecution was not in respect of a legally recoverable debt. The Supreme Court, however, set aside this judgment, providing crucial insights into the scope of Section 482 of the Code of Criminal Procedure, 1973 (CrPC) and Sections 138 and 139 of the NI Act. 

Supreme Court’s Observations

Section 482 CrPC: Scope and Limitations

The Hon’ble Supreme Court, in its judgment, referred to its earlier decisions in S. Natarajan vs. Sama Dharman & Anr., to explain the scope of consideration in a petition filed under Section 482 of CrPC seeking quashment of a complaint filed under Section 138 of the NI Act, and A.V. Murthy vs. B.S Nagabasavanna to further elucidate the limitations and scope of Section 482 of CrPC in the context of cheque bounce cases. The Court observed that a petition filed under Section 482 of CrPC seeking to quash a complaint filed under Section 138 of the NI Act has limited consideration scope

Mixed Question of Law and Fact

The Court stated that the question of whether a debt is time-barred is a mixed question of law and fact. Therefore, it should be decided based on the evidence adduced by the parties.

Threshold Jurisdiction

The Court clarified that only in cases where the amount is “out and out non-recoverable,” the question of threshold jurisdiction under Section 482 CrPC will arise. In such cases, the Court would be justified in interfering.

Implications of the Judgment

The judgment clarifies that the Court will not quash proceedings under Section 482 CrPC merely because the debt is time-barred. The Court emphasizes that, as per Section 25(3) of the Contract Act, 1872, the cheque itself constitutes a promise to pay, even if the debt is barred by time.

Important Provisions of Law 

Sr. No.	Provisions of Law	What it Stands For	Context in the Case
1	Negotiable Instruments Act, 1881; Sections 138, 139	Section 138 deals with the offense of dishonor of a cheque for insufficiency of funds, while Section 139 establishes a presumption in favor of the holder.	The Court referred to these sections to discuss the legal framework for cheque bounce cases and the presumption of a legally recoverable debt.
2	Code of Criminal Procedure, 1973; Section 482	This section provides the High Court with inherent powers to make such orders as may be necessary to give effect to any order under the CrPC or to prevent abuse of the process of any court.	The Court clarified the scope of interference under this section in cases involving time-barred debts.
3	Contract Act, 1872; Section 25(3)	This section allows a promise to pay a time-barred debt to be enforceable.	The Court refers to this section to emphasize that a cheque promises to pay even if the debt is time-barred.

Conclusion

The Supreme Court’s judgment in this case has clarified the legal landscape concerning cheque bounce cases involving time-barred debts. It has limited the scope of interference under Section 482 CrPC and emphasized that the question of limitation is a mixed question of law and fact, to be decided based on evidence.