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february 2001

Supreme Court of India · 2001-02-22

ISHAR ALLOY STEELS LTD. vs JAYASWALS NECO LTD.

Citation / case number
SC 2000/16097
Court
Supreme Court of India
Petitioner
ISHAR ALLOY STEELS LTD.
Respondent
JAYASWALS NECO LTD.
Author
B.N.AGARWAL,R.P.SETHI,K.T.THOMAS
Bench
B.N.AGARWAL,R.P.SETHI,K.T.THOMAS

Judgment text excerpt

The Supreme Court clarified the interpretation of 'the bank' under Clause (a) of the proviso to Section 138 of the Negotiable Instruments Act, 1881, ruling that a cheque can be presented either to the drawer's bank or the payee's bank within six months of its issue. The Court upheld the Madhya Pradesh High Court's decision, which disagreed with the Punjab and Haryana and Gujarat High Courts, affirming that the date of presentation to either bank is relevant for the six-month period. Consequently, the Court dismissed the appellant's revision, affirming the applicability of Section 138 in this context.

ISHAR ALLOY STEELS LTD. vs JAYASWALS NECO LTD. · Niyam