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.