Limitation under cheque dishonour law excludes the cause-of-action date when counting the one-month filing period.

For complaints under Section 138 of the Negotiable Instruments Act, the one-month limitation under Section 142(b) is computed by excluding the date on which the cause of action arises. The term "month" is treated as a calendar month under the General Clauses Act, and the day of accrual is left out while counting limitation. Applying that method, a complaint filed on 31.10.2000 after the cause of action arose on 30.09.2000 was within time and not barred. The contrary view was treated as incorrect, and the larger bench approach on computation of limitation was followed.

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Issues: Whether the complaint under Section 138 of the Negotiable Instruments Act, 1881 was barred by limitation under Section 142(b) when the date on which the cause of action arose was excluded while computing the period of one month.

Analysis: The complaint arose from dishonour of cheques and the drawer failed to pay within fifteen days of deemed service of notice. The question was whether the complaint filed on 31.10.2000 was within one month from the date of cause of action, which arose on 30.09.2000. The term "month" under Section 3(35) of the General Clauses Act, 1897 means a calendar month, and the controlling principle for computing the limitation under Section 142(b) is that the day on which the cause of action arises is excluded. The Court followed the larger bench ruling that had approved this method of computation and treated the contrary view as not laying down the correct law.

Conclusion: The complaint was within limitation and was not barred under Section 142(b) of the Negotiable Instruments Act, 1881.

Ratio Decidendi: For computing the one-month period under Section 142(b) of the Negotiable Instruments Act, 1881, the date on which the cause of action arises must be excluded.

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