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Issues: Whether a post-dated cheque, for the purpose of clause (a) of the proviso to Section 138 of the Negotiable Instruments Act, 1881, is to be treated as drawn on the date of delivery or on the date it bears, and whether a prosecution under Section 138 is defeated because the cheque was delivered earlier than six months before presentation.
Analysis: A post-dated cheque is intended to operate only from the date it bears, though it may be negotiable in the interval between delivery and that date. The statutory scheme of Section 138, read with the presumption under Section 118(b), requires the cheque to be treated as drawn on the date shown on it for the purpose of the six-month presentation requirement. A contrary view would allow a drawer to evade liability by ante-dating delivery and later affixing a future date beyond six months from delivery, which would defeat the object of the provision. The liability under Section 138 arises only when the cheque is presented, dishonoured, notice is issued, and payment is not made within the stipulated time.
Conclusion: A post-dated cheque is to be treated as drawn on the date it bears for the purpose of clause (a) of the proviso to Section 138 of the Negotiable Instruments Act, 1881, and the prosecution was not liable to be quashed on the ground urged.
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