RAMESHCHANDRA AMBALAL JOSHI vs STATE OF GUJARAT

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. The Court clarified that the six-month period is calculated in months, not days, and thus a cheque drawn on December 31, 2005, remains valid for presentation until June 30, 2006. The Court upheld the lower court's decision, rejecting the petitioner's claim of limitation and affirming that the prosecution under Section 138 was valid.