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2014 (3) TMI 139 - SUPREME COURTOffence under Section 138 of the Negotiable Instruments Act, 1881 - contention that as a period of six months had lapsed between the date of drawl of the cheque - Held that:- the use of word “from” in Section 138(a) requires exclusion of the first day on which the cheque was drawn and inclusion of the last day within which such act needs to be done. In other words, six months would expire one day prior to the date in the corresponding month and in case no such day falls, the last day of the immediate previous month. Hence, for all purposes, the date on which the cheque was drawn, i.e., 31.12.2005 will be excluded and the period of six months will be reckoned from the next day i.e. from 1.1.2006; meaning thereby that according to the British calendar, the period of six months will expire at the end of the 30th day of June, 2006. Since the cheque was presented on 30.6.2006, we are of the view that it was presented within the period prescribed. Decision in the case Econ Antri Ltd. vs. Rom Industries Ltd. & Anr., AIR [2013 (9) TMI 246 - SUPREME COURT] approving given in Saketh [1999 (3) TMI 591 - SUPREME COURT] and Haru Das Gupta [1972 (2) TMI 88 - SUPREME COURT OF INDIA] followed wherein it was held that where a particular time is given from a certain date within which an act has to be done, the day of the date is to be excluded. Viewed from any angle, the prosecution is not time barred and therefore, cannot be scuttled at this stage on this ground. - Decided against the petitioner.
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