Post Dated Cheque issued by father to discharge the liability of his son - is legally enforceable debt - cheque validity period calculated from the date mentioned in the face of the cheque, not the earlier date when the drawer actually gave the cheque to drawee -complaint maintainable

Citation 

2007 (1) MWN (Cr.) DCC 104 (Mad)

2007(29) CTCOL 713

IN THE HIGH COURT OF MADRAS (Madurai Bench)

P. Murgesen, J.

Criminal Appeal No.417 of 2002.

March 21, 2007

Sayadu Beedi Company, Rep. by Mr. Sivaraman.                 ...Appellant

...Vs...

Thirumalai Subbu @ Thirumalal.        ...Respondent

NEGOTIABLE INSTRUMENTS ACT, 1881, 5.138- Dishonour of cheque - Cheque in question issued by Accused/father who admitted liability of his son and undertaken to discharge lability Son of accused misappropriated complainant Company's money while working as Accountant and admitted liability during enquiry conducted by complainant Company - Accused father undertook liability for repayment of amount misappropriated by his son Cheque in question issued in discharge of liability to pay debt Contention of accused that there is no liability, held, not acceptable [Paras 13-18]

NEGOTIABLE INSTRUMENTS ACT, 1881, 5.138-Cheque-Presentation of Limitation-Post dated cheque dated 22.4.1994 handed over on 22.4.1993-Presentation of cheque on 22.4.1994 whether within its validity period of six months-Post dated cheque dated 22.10.1994 though drawn on 22.4.1993 becomes payable only on 22.10.1994 - Six month's validity period To be calculated from date mentioned on face of cheque and not from earlier date when same was issued and given (SC followed) - Therefore, presentation of cheque on 18.11.1994, held, within time-Lower Appellate Court allowing Appeal filed by accused by relying upon date of issuance of cheque, held, not correct, liable to be set aside. [Paras 19-22]

.