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march 2001

Supreme Court of India · 2001-03-14

Ashok Yeshwant Badave vs Surendra Madhavrao Nighojakar & Anr

Citation / case number
AIR 2001 SUPREME COURT 1315
Court
Supreme Court of India
Petitioner
Ashok Yeshwant Badave
Respondent
Surendra Madhavrao Nighojakar & Anr
Author
B.N.Agrawal
Bench
K.T. Thomas, R.P. Sethi, B.N. Agrawal

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 138 of the Negotiable Instruments Act, 1881, specifically regarding the six-month period for cheque presentation. The Court held that the period should be reckoned from the date mentioned on the cheque, not from the date it was handed over to the complainant. Consequently, the appeal was dismissed as the cheque was presented beyond the stipulated period, affirming the lower courts' decisions to take cognizance of the offence and issue process against the appellant.

Ashok Yeshwant Badave vs Surendra Madhavrao Nighojakar & Anr · Niyam