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february 2014

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.

Rameshchandra Ambalal Joshi vs State Of Gujarat & Anr · Niyam