Post-dated cheque limitation under Section 138: time runs from signing and delivery, so delayed presentation defeats prosecution.

A cheque is treated as drawn when the drawer signs and issues it complete in form, not on the later date written on its face. Applying that principle, a post-dated cheque signed and delivered on 13 January 1989 had to be presented within six months from that date. Presentation on 9 September 1989 was beyond the statutory period, so the requirement in clause (a) of the proviso to section 138 of the Negotiable Instruments Act, 1881 was not met. The prosecution under section 138 was therefore not maintainable and the proceedings were liable to be quashed.

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Issues: Whether a post-dated cheque is deemed to be drawn on the date it is signed and issued, and whether presentation of such cheque beyond six months from that date defeats prosecution under section 138 of the Negotiable Instruments Act, 1881.

Analysis: The cheque was signed and delivered complete in form on 13 January 1989, though it bore a later date of 18 April 1989. A cheque is drawn on the date on which the drawer signs and issues it complete in form, not on the date written on the cheque. On that basis, the cheque had to be presented within six months from 13 January 1989. Presentation on 9 September 1989 was beyond the statutory period, and the requirement in clause (a) of the proviso to section 138 was not satisfied.

Conclusion: The prosecution under section 138 was not maintainable, and the proceedings were liable to be quashed.

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