ANIL KUMAR SAWHNEY versus GULSHAN RAI

ANIL KUMAR SAWHNEY versus GULSHAN RAI

For purposes of Section 138 of the Negotiable Instruments Act, post-dated cheques shall be deemed to have been drawn on the date they bear, and the six-month period for presentation is to be reckoned from that date, not the date of writing or delivery.

Parties
Appellant: Anil Kumar Sawhney; Respondent: Gulshan Raj
Jurisdiction
India
Judgment Date
11 October 1993
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Quashing Criminal Proceedings Under Section 138 of the Negotiable Instruments Act
Outcome
Appeals allowed; judgment of High Court set aside
Legal Topics
Negotiable Instruments, Dishonour of Cheque, Post Dated Cheque
Criminal Law Banking Law Negotiable Instruments Dishonour of Cheque Post Dated Cheque

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Parties

Anil Kumar Sawhney

Appellant

Gulshan Raj

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Quashing Criminal Proceedings Under Section 138 of the Negotiable Instruments Act

Legal Issues

  1. 1 Whether a post-dated cheque attracts Section 138 of the Negotiable Instruments Act
  2. 2 From which date is the six-month limitation period for presenting a cheque to be reckoned under Section 138

Ratio Decidendi

For purposes of Section 138 of the Negotiable Instruments Act, post-dated cheques shall be deemed to have been drawn on the date they bear, and the six-month period for presentation is to be reckoned from that date, not the date of writing or delivery.

Court Disposition

Appeals allowed; judgment of High Court set aside

Orders

  • The learned Chief Judicial Magistrate Kamal shall proceed with the complaints pending before him in accordance with law