Supreme Court of India · 2014-02-18
Rameshchandra Ambalal Joshi vs State Of Gujarat & Anr
- Citation / case number
- AIR 2014 SC (CRIMINAL) 856
- Court
- Supreme Court of India
- Petitioner
- Rameshchandra Ambalal Joshi
- Respondent
- State Of Gujarat & Anr
- Author
- Chandramauli Kr. Prasad
- Bench
- Jagdish Singh Khehar, Chandramauli Kr. Prasad
Judgment text excerpt
The Supreme Court held that under Section 138 of the Negotiable Instruments Act, 1881, a cheque must be presented for payment within six months from the date of its drawal to maintain a prosecution for dishonor. The Court clarified that the six-month period is calculated based on calendar months, thus allowing a cheque drawn on December 31, 2005, to be validly presented until June 30, 2006. The Court upheld the lower courts' decisions, confirming that the prosecution was not barred by limitation and the special leave petition was dismissed.