RAMESHCHANDRA AMBALAL JOSHI versus THE STATE OF GUJARAT AND ANR.

RAMESHCHANDRA AMBALAL JOSHI versus THE STATE OF GUJARAT AND ANR.

The period of six months for presentation of cheque under Section 138 of the Negotiable Instruments Act must be reckoned as six calendar months according to the British calendar, excluding the date of drawl. Since the cheque was presented on the last day (30th June) after excluding the drawl day (31st December),...

Source-derived case information.

Parties
Appellant: Rameshchandra Ambalal Joshi; Respondent: State of Gujarat; Respondent: Anr.
Jurisdiction
India
Judgment Date
18 February 2014
Procedural Posture
Criminal Appeal / Supreme Court Decision on Appeal From High Court Order
Outcome
Appeal dismissed
Legal Topics
Negotiable Instruments, Dishonour of Cheque, Limitation Period, Calculation of Time
Criminal Law Banking Law Negotiable Instruments Dishonour of Cheque Limitation Period Calculation of Time

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Rameshchandra Ambalal Joshi

Appellant

State of Gujarat

Respondent

Anr.

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Decision on Appeal From High Court Order

Legal Issues

  1. 1 Whether prosecution under Section 138 of the Negotiable Instruments Act is time barred when cheque was presented six months after its drawl
  2. 2 Interpretation of 'month' and 'from' under Section 138 proviso (a)

Ratio Decidendi

The period of six months for presentation of cheque under Section 138 of the Negotiable Instruments Act must be reckoned as six calendar months according to the British calendar, excluding the date of drawl. Since the cheque was presented on the last day (30th June) after excluding the drawl day (31st December), prosecution is not time barred.

Court Disposition

Appeal dismissed

Orders

  • The matter is pending since long; Magistrate to endeavour to conclude trial within six months from the date appellant appears next.
  • Appellant is directed to appear before trial Judge on 3rd March, 2014; no notice is to be issued for his appearance.