Post-dated cheque liability under Section 138 fails when presentation occurs beyond six months from signing.

Complaints under Section 138 of the Negotiable Instruments Act were held not maintainable where post-dated cheques were presented beyond six months from the date they were actually made and signed. A post-dated cheque is not invalid merely because it bears a later date, but for Section 138 liability the relevant date is the date of drawing, not the date written on the cheque. The presumption under Section 118 that an instrument bears its date can be displaced by evidence showing the cheque was post-dated. No offence is made out unless timely presentation, statutory notice, and failure to pay are all satisfied.

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Issues: Whether complaints under Section 138 of the Negotiable Instruments Act, 1881 were maintainable where the post-dated cheques were presented beyond six months from the date on which they were signed and made.

Analysis: Section 138 requires presentation of the cheque within six months from the date on which it is drawn. A post-dated cheque is not invalid merely because it is post-dated, but for the purpose of liability under Section 138 the relevant date is the date on which the cheque is actually made and signed by the drawer, not the later date written on its face. The statutory presumption under Section 118 that an instrument bears the date of its making stands displaced where the facts show that the cheque was post-dated. The offence under Section 138 is complete only when all statutory ingredients are satisfied, including timely presentation, notice, and failure to pay.

Conclusion: The complaints were not maintainable because the cheques were presented beyond six months from the date they were made and signed, so no offence under Section 138 was made out.

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