Legal Question in Criminal Law in India

Sir,
Complainant advanced a loan of rs 6 lakh to accused on 4.5.2006. At that time an agreement was also executed in which it is mentioned that loan is initially for the period of six months and is terminable at the 1 month advance notice written or verbal. It also contains a clause that agreement shall remain in force infinite period till either party wishes to discontinue it by 01 month written or verbal notice.
4 cheques were given for security purpose as mentioned in the agreement.
In 2014 , cheques when presented dishonored.
Whether complaint u/s 138 ni act is maintainable? Agreement is not in dispute. According to accused debt is not legally enforceable as time barred in view of clause " infinite...." in d agreement. Also complainant admitted that he filled dates on cheque. Please guide me..

Asked on 7/20/14, 2:47 am

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138 can be filed as civil profile of an offence does not prevent its criminal outfit.

Answered on 8/04/14, 1:51 am

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