Rameshchandra Ambalal Joshi Vs. State of Gujarat and Anr.
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Head Note
The Negotiable Instruments Act, 1881 - Section 138 , The Code of Criminal Procedure, 1973 - Section 482
General Clauses Act, 1897 - Section 9, 3(35) - Presentation of cheque within 6 months - Computation of time for the purpose of limitation - Prosecution time barred - Legality - Petitioner (accused) allegedly issued a cheque dt.30- 12- 2005 to respondent no. 2 (complainant), which was presented on 30- 6- 2006 and was dishonoured on the ground of insufficiency of funds on - Thereafter, respondent no. 2 sent a notice on 25- 7- 2006 and filed a criminal complaint u/s. 138 of the Act and summons were issued by Magistrate - Aggrieved petitioner filed discharge petition, contended that period of 6 months had lapsed between the date of drawl of cheque and its presentation by respondent no. 2 for payment, but Trial Court dismissed the same - Aggrieved petitioner filed a revision before Revisional Court, which was dismissed - Aggrieved petitioner filed an application u/s. 482 of CrPC before HC, which was rejected by impugned judgment - Hence, instant appeal - Held, meaning of expression 'month'; whether it would mean only a period of 30 days and, consequently, whether 6 months would mean a period of 180 days - Word 'month' was defined u/s. 3(35) of 1897 Act to mean a month reckoned according to the British calendar - Thus, Court could not ignore or eschew the word 'British calendar' while construing 'month' under the Act - Period of 6 months could not be calculated on 30 days in a month basis - Thus, both the modes of calculation suggested by appellant did not deserve acceptance and were rejected accordingly - In instant case, the last day would be last date of the immediate previous month - Once the word 'from' was used for the purpose of commencement of time, in view of s. 9 of 1897 Act, the day on which the cheque was drawn had to be excluded - Use of word 'from' in s. 138(a) of 1881 Act required exclusion of the first day on which the cheque was drawn and inclusion of the last day within which such act needs to be done - 6 months would expire one day prior to the date in the corresponding month and in case no such day falls, the last day of the immediate previous month - Thus, for all purposes, the date on which cheque was drawn, would be excluded and period of 6 months would be reckoned from the next day; meaning thereby that according to British calendar, period of 6 months would expire at the end of 30- 6- 2006 - Since the cheque was presented on 30- 6- 2006, it was presented within the period prescribed - Prosecution was not time barred - Appeal dismissed.
Topic(s)-Dishonour of Cheque – Limitation to present cheque
Important Decision(s)- NI Act Sec. 138 - Meaning of expression 'month'; whether it would mean only a period of 30 days and, consequently, whether 6 months would mean a period of 180 days - Period of 6 months could not be calculated on 30 days in a month basis.