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(2001) 1 MLJ 534 (SC)
IN THE SUPREME COURT OF INDIA
Present : K.T.Thomas, R.P.Sethi and B.N.Agrawal, JJ.
Case Number(s) : Crl.A.No.293 of 2001.
Judgement Date :
Sunday 14th of January 2001
| Ashok Yeshwant Badave | .....Appellant(s) | | Versus | | | Surendra Madhavrao Nighojakar and another | .....Respondent(s) |
Negotiable Instruments Act (XXVI of 1881), Secs.5, 6, 138, 139 and 140 — Bill of exchange and cheque — Distinction between — Post-dated cheque is not payable till the date which is shown thereon arrives — Sec.138 will not be applicable to it so long as it remains a bill of exchange — It becomes a cheque on the date which is written thereon and the 6 months’ period has to be reckoned from that date and not from an earlier date on which it was made over by the drawer to the
drawee.
Cases Referred
Anil Kumar Sawhney v. Gulshan Rai [1993] 4 S.C.C. 424
Da Silva v. Fuller Sel Ca. 238 M.S
Emanuel v. Robarts [1868] 9 B. & S. 121
Bull v. O’Sullivan L.R. 6 Q.B. 209
Gatty v. Fry 2 Ex.D. 265
Palmer, In re. [1882] 19 Ch.D. 409
Hinchcliffe v. The Ballarat Banking Company 1 V.R. (L) 229
Royal Bank of Scotland v. Tottenham [1894] 71 L.T.R. 168
Pollock v. Bank of New Zealand [1902] 20 New Zealand L.R. 174
Aylmer M. Keyes v. The Royal Bank of Canada [1947] S.C.R. 377
Brien v. Dwyer [1979] 53 Australian New Journal Reports 123
Jiwanlal Achariya v. Rameshwarlal Agarwalla A. 1. R. 1967 S.C. 1118
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