ASHOK YESHWANT BADAVE vs SURENDRA MADHAVRAO NIGHOJAKAR

The Supreme Court held that under Section 138 of the Negotiable Instruments Act, 1881, a cheque must be presented for encashment within six months from the date it was drawn or within its validity period, whichever is earlier. The Court found that the cheque in question was presented after the six-month period from the date it was issued, thus no offence under Section 138 was made out. Consequently, the appeal was dismissed, upholding the lower courts' decisions.