DCC 408/2001

The drawer of a cheque may object to the hearing of the claim in recourse filed by the bearer of the cheque after the lapse of two years from the expiry of the time set for its presentation, unless he establishes that he provided the consideration for payment and it remained with the drawee until presentation of the cheque for payment. An incidental commercial act is not sufficient for it to be considered an individual is a merchant, in the absence of proof that he has taken it as a profession.