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Validity of cheque

(Querist) 24 May 2015 This query is : Resolved 
As per SC judgement " Remesh Chandra Ambalal Joshi V The State of Gujarat":- For the cheque dated 31/12/2005, the validity period of six months expires on 30/06/2006. That is "31/12/2005" date of the cheque will be excluded and period of six months will be reckoned from next day. That is 01/01/2006 and thereby the expiry date of six months period is 30/06/2006.
In a cheque case i filed for my client Cheque is dated 16/02/2005 and presented on 16/08/2005. The court dismissed the complaint on the ground that the validity period of cheque expired on 15/08/2005 as per the above judgement.I pleaded 16/08/2005 is the last date of validity. please advice am i correct
SAINATH DEVALLA (Expert) 24 May 2015
Dear Santosh,

It is 180 days from the date of issuance(including the date on which it was issued) Feb 2005 has only 28 days (not 29),hence on 16/08/2005,the validity expired.The court is correct.Being a lawyer U have to be very careful about such things.
santhosh.g. (Querist) 24 May 2015
Yes. Mr.sainath devaĺla Feb 2005 had 28 days.my pleading is 16.08.2005 is the expiry date. Court finding is 15.08.2005.the date on the cheque ie 16.02.05 has to be excluded as per the above judgement. So please look into it.
kavksatyanarayana (Expert) 24 May 2015
@Author, what Mr.Sainath ji said is correct.
pl. follow: date of cheque 16-02-2005. the period from 17-02-2005 to 28-02-2015=12 days+
march 31 days+april 30 days+May 31 days+june 30 days+july 31 days, a total is 165 days
for August 15 days
GT = 180 days.
hence the validity expired on 16-08-2015.
santhosh.g. (Querist) 24 May 2015
Yes sir.my pleading is 16.08.2005 is the expiry date of the cheque dated 16.02.2005.but the court not accepted it and find that it is 15.08.2005. So it prompted me to post this quarry. thank u for response
santhosh.g. (Querist) 24 May 2015
Yes sir.my pleading is 16.08.2005 is the expiry date of the cheque dated 16.02.2005.but the court not accepted it and find that it is 15.08.2005. So it prompted me to post this quarry. thank u for response
SAINATH DEVALLA (Expert) 25 May 2015
Santosh,

U R wrong and UR extending the discussion,better count the days from 16/2 to 15/8
T. Kalaiselvan, Advocate (Expert) 29 May 2015
Well advised by expert Mr. Sainath.
Rajendra K Goyal (Expert) 02 June 2015
The validly has expired, agree with the expert SAINATH DEVALLA.
santhosh.g. (Querist) 09 June 2015
Dear experts. All of you given your valid opinion. But all of you failed to note that 15.08.2005 is a national holiday for independence. So as per general clauses act the next day is the valid day to present cheque.
Guest (Expert) 09 June 2015
Mr. Santosh,

I would have replied your specific query appropriately, but since I feel you posted this question just to test the knowledge of the experts or to get solution to some academic query, I would prefer to ask some questions as per my observation on your latest post vis-a-vis the original query, as follows:

1) How you would like to justify asking a question only in the year 2015 for a 10 years old incident pertaining to the year 2005?

2) If your case was dismissed on the ground of maturity period, why you did not move the appellate court against the judgment of the trial court? If filed an appeal, why you failed to mention the outcome of your appeal?

3) Since now you have stated, "as per general clauses act the next day is the valid day to present cheque," can you quote specific section of the General Clauses Act, where it has been specifically provided that "next day is the valid day to present cheque." if the maturity date is a public holidays?
SAINATH DEVALLA (Expert) 09 June 2015
He is better knowledged than all of us here and he is just trying to project a non existent academic query.Praising the experts and also saying that U illiterates Aug 15 was a holiday.If that is so,let him remove all the holidays starting from the 16 of Feb and arrive at 180 days.

At the conclusion of his query he says"PLEASE ADVICE IF I AM CORRECT"

santhosh.g. (Querist) 09 June 2015
Section 10 general clauses act. Any act or proceeding is directed or allowed to be done or taken in any court or office on a certain day or within a prescribed period then if the court or office is closed on that day or the last day of the prescribed period the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards on which the court or office is closed. Section 25 of N.I. Act When day of maturity is a holiday. When the the day on which a promissory note or bill of exchange is at maturity is a public holiday, the instrument shall be deemed to be due on the next preceding business day.
sir.please take it granted I am not interested in testing the ability of experts. I really asked the opinion to get a good guidance. But unfortunately the reply to my question was given in a vague manner without reading the judgement which I sited.
Guest (Expert) 09 June 2015
Mr Santosh,

You have not answere my specific questions with specific reference to the very old incident and the appeal on the issue.

Even Sec. 10 of the General Clauses Act speaks about the effect of any act in the courts or offices of the Government and does not specify about the cheques, as you stated that "as per general clauses act the next day is the valid day TO PRESENT THE CHEQUE."

Since your profile states that you are an advocate, and you have asked the question pertaining to the NI Act, but still you seem to be unaware of the provisions of the NI Act, whereas you have tried to declare all of the experts to have failed to note that 15.08.2005 as a national holiday. It is a case of oversight of general nature, but as an advocate, you have not only failed to note the proviso under the said section 10, which clearly states, "Provided that nothing in this section shall apply to any act or proceeding to which the Indian Limitation Act, 1877 (15 of 1877)2 , applies," but also seem to be unaware of the relevant section in the NI Act. When a specific provision already exists in the NI Act, I wonder, why you preferred to ignore that and tried to link the unrelated provision of the GC Act, which is of general nature.

So, that proves that your own knowledge about the NI Act is quite shallow.

Moreover, if yours was not an academic query, you could well have answered my specific questions with reference to the case history. That, itself proves that your query was merely an academic query.

Anyway, in future, if you try to test the knowledge of the experts you must also ensure that you are perfect in that stream of law on which you try to ask question.

SAINATH DEVALLA (Expert) 09 June 2015
Hope by now the querist has gained ample knowledge regarding sections of NI ACT ,rightly concluded by Dhingraji with adequate appraisal of NI ACT.


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