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Rameshchandra Ambalal Joshi v. State of Gujarat and Another

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 434 of 2014)Decided 18 Feb 2014
Criminal Appeal No. 434 of 2014
Justice C.K. Prasad · Justice J.S. Khehar

Background

A lender alleged that a cheque issued to repay a Rs. 1 lakh loan was dishonoured. The cheque was dated 31 December 2005 and presented on 30 June 2006. The accused sought to stop the prosecution, arguing that presentation fell outside the six-month statutory period applicable to this cheque.

Decision Breakdown

The Court dismissed the appeal and allowed the prosecution to continue. In calculating the applicable period, the date on which the cheque was drawn was excluded and the last day was included. Six calendar months therefore ran from 1 January to the end of 30 June 2006, making presentation timely. The ruling decided this limitation objection rather than the accused's ultimate guilt. Because the trial had been pending for years, the magistrate was asked to endeavour to complete it within six months.

Lesson Learnt

For this statutory time calculation, the starting date was excluded and the final date counted. A timely cheque presentation defeats that limitation objection but does not itself establish criminal guilt.

Official source (sci.gov.in)View Judgment (PDF)

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