( 1 ) SHORT question which requires consideration by this Full Bench as referred to by a Learned Single Judge of this Court as per oral judgment dated 14/10/1999 [coram : K. R. Vyas, J. ] is : Whether the payment by cheque which is dishonoured amounts to acknowledgement of a debt and a liability ?

( 2 ) FOR the purpose of answering the Reference, let there be a brief resume of the facts and reasons for Reference. THE plaintiff sued to recover Rs. 61,886-16 plus Rs. 11,124. 00 by way of interest at the rate of 9% p. a. from 4/3/1974 from the defendant (The parties were respectively the appellant and the respondent in the First Appeal proceedings ). The trial Court decreed the suit for Rs. 26,371=86 with running interest at the rate of 6% p. a. from the date of the suit till payment holding that that much claim was within the time, whereas the rest of the claim was barred by law of limitation. It was contended in the appeal that the cheques Exhs. 117 and 119 dated 15/4/1974 and 27/3/1974 each for a sum of Rs. 5,000/issued in favour of the plaintiff on account of the dues amounted to acknowledgement of liability by the defendant in as much as the original transactions f