Limitation Act- Section 19, 20 DCM Financial Services Ltd. v. M/s. Sunil Kala, 2002(3) RCR (Civil) 118 (Delhi) It is contended that even in the case of a post-dated cheque, the date of payment would be the earliest date on which the cheque would have been payable i.e. the date of cheque. In the present case, cheque for Rs. 99,863/- was dated 14th November, 1995 and the suit was filed on 11th December, 1998. It is contended that to be within limitation the suit must have been filed by 13th November, 1998. The plaintiffs'. case is that it was on the request of defendants that they did not send the cheque to their bankers for clearance and it was ultimately encashed on 12th December, 1995. Since the plaintiffs were stopped from presenting the cheque for encashment, they have claimed that fresh period of limitation accrued to them. prima facie I am of the opinion that if the debtor himself requests the creditor to postpone the presentation of the cheque, which request is accepted by the creditor, it would amount to postponement of the date of payment itself. on account of the request of the defendants, prima facie in my view it would be the date of encashment of the cheque which would give a fresh period of limitation to the plaintiffs. as the question whether the cheque dated 14th November, 1995 was not presented on the same date and was presented on 12th December, 1995 at the request of the defendant is a question of fact which would be determined after the trial of the case.