Supreme Court · 2014 INSC 108 · Decided 18 February 2014

Rameshchandra Ambalal Joshi v. The State of Gujarat and ANR.

Court
Supreme Court of India
Citation
2014 INSC 108 · [2014] 1 S.C.R. 1112
Case number
CRIMINAL APPEAL No. 434/2014
Decided
18 February 2014
Bench
C.K. PRASAD, J.S. KHEHAR (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
CrPC Section 4823; NI Act Section 138

Headnote

NEGOTIABLE INSTRUMENTS ACT, 1881: s.138, proviso(a) - Dishonour of cheque - Presentation of cheque "within a period of six months from the date on which it is drawn" - Connotation of - Held: The word "month" has been defined u/s 3(35) of the General Clauses Act to 0 mean according to the British calendar. Accordingly, the period of six months cannot be calculated on 30 days in a month basis -- Once the word 'from' is used for the purpose of commencement of time, in view of s. 9 of the General Clauses Act, the day on which the cheque is drawn has to be excluded -

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