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Index > Banking Law-Dishonour of Cheques
 
 
   
  
 
 
  
K.S. Anto vs Union of India And Ors. (Ker HC) 
1993 76 CompCas 105 Ker 

 

 
Whether the cheque is post-dated or not is immaterial. It becomes an offence only after the expiry of fifteen days from the date of written demand, if the amount is not paid on that date.
 

 

 
 
This aspect is also an answer to the contention of the petitioner that the date of commission of the offence cannot be ascertained. Whether the cheque is post-dated or not is immaterial. It becomes an offence only after the expiry of fifteen days from the date of written demand, if the amount is not paid on that date. The date of commission of the offence could be ascertained with accuracy. The cause of action for filing a complaint under Section 138 arises only on that date and a complaint will have to be filed within one month from the date on which the cause of action arose, as provided in Section 142(b). It is the duty of the person, who draws the cheque in discharge of a legally enforceable debt or other liability, to provide funds in the account to honour the cheque. There is nothing arbitrary or unconstitutional in Section 140, because a person who drew the cheque without reason to believe that it may be dishonoured on presentation can avoid liability by making payment on demand in writing. One who is not having such a capacity should not issue a cheque. The possibility of a stolen cheque being made the subject of a complaint need not be considered because that is only an imaginary possibility and it is a matter of proof, depending upon facts. [Para 4]

 
 
 
 

 

 
 
 
 

 

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