1. The defendant had issued a cheque, Ext. P-1, on 311952 to the 1st plaintiff for Rs. 2000/- in repayment of his debt; but the cheque was dishonoured on presentation for payment by the bank on January 18, 1952, for want of funds. This suit was instituted for the amount of the cheque on January 11, 1955. Both the Courts below have decreed the suit.

2. Counsel for appellant-defendant has raised two questions of law, viz., (1) the suit instituted on January 11, 1955, on a cheque dated January 3, 1952, is barred by limitation under Art.58 of the Limitation Act, 1908, and (2) the decree given to the 2nd plaintiff who was an endorsee after notice of dishonour is unwarranted. I am afraid neither of the contentions has any force.

3. Art.58 of the Limitation Act reads:

".... When the lender has given a cheque for the Three years When the cheque money. is paid"

Obviously it relates to a suit on a cheque that has been honoured, and on a cheque that has been dishonoured. The suit under Art.58 is one for return of amount paid by a cheque and not one claiming the amount of a cheque given in repayment of a loan already advanced. Art.58 of the Limitation Act, 1908, has therefore no relev