Post-dated cheque - Is not a 'cheque' on the date it is drawn - It becomes a 'cheque' only on the date written on it - Period of 6 months for post-dated cheque starts from the date written on cheque.

Citation

AIR 2001 SUPREME COURT 1315

SUPREME COURT

(From : Bombay)*

K. T. THOMAS , J. and R. P. SETHI , J. and B. N. AGRAWAL , J.

Criminal Appeal No. 293 of 2001 (arising out of S.L.P. (Cri.) No. 54 of 2001), D/- 14 - 3 - 2001

Ashok Yeshwant Badeve Appellant v. Surendra Madhavrao Nighojakar and another Respondents.

(A)Negotiable Instruments Act (26 of 1881), S.5, S.6 - Post-dated cheque - Is not a 'cheque' on

the date it is drawn - It becomes a 'cheque' only on the date written on it - Till that date post-

dated cheque remain a bill of exchange.

(B)Negotiable Instruments Act (26 of 1881), S.138 Proviso (a) - Dishonour of cheque - Offence

of - Pre-requisite of presentation of cheque to banker within 6 months from date it is drawn -

Period of 6 months for post-dated cheque starts from the date written on cheque.