validity of a cheque in india

anirudha (Querist) 16 February 2011 This query is : Resolved
How should the validity of six months in case of a cheque be calculated from the issue date--is it 180 days or monthwise.pl illustrate

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Devajyoti Barman (Expert) 16 February 2011
It is 180 days from the date of issue including the date of issuance.

Sanjeevappa. L (Expert) 16 February 2011
I agree with Devajyoti

anirudha (Querist) 16 February 2011
But Mr Barman a chq drawn on the 5th of say January 2011 is valid till the 4th of july 2011 is'nt it? That definitely is more than 180 days? What would a court accept as a valid argument?

NOTTAM VENKATASAMY (Expert) 16 February 2011
EXACT 180 DAYS

Devajyoti Barman (Expert) 16 February 2011
It is six months and not 180 days.

Guest (Expert) 16 February 2011
I agree with our expert devajyoti.

Dayananda Gowda (Expert) 16 February 2011
As per the Banking law the month means 30 days. hence the cheque valid of 180 days from the date of execution of cheque.

Parveen Kr. Aggarwal (Expert) 17 February 2011
Six calendar months and not 180 days.

2010(3) Apex Court Judgments 079 (S.C.)

R.Ramachandran (Expert) 17 February 2011
Dear Mr. Praveen,
It would be useful if you could give the name of the parties and also the date of the judgment. This will enable one to visit SC website and to access the decision. All may not readily have the law journal "Apex Court Judgments".

R.venkatesh Naidu (Expert) 17 February 2011
the time for the cheque is six months. under the section 138(a) of negotiable instruments act, 1881, has not been mentioned the number of days. it has been mentioned only monthly basis.so the life of the cheque is six months from the date of issue. Mr. parveen's advise is also correct.

indrajit mukhopadhyay (Expert) 17 February 2011
exactly 180 days from date of issuance of cheque and no other calculation is required.

Advocate Anuj Anand (Expert) 17 February 2011
As per section 138(a) with in 6 months

malipeddi jaggarao (Expert) 18 February 2011

Section 138 (a) of NI Act reads as under:
(a)the cheque has been, presented to the bank within a period of six months from the date on which it is drawn ....

A cheque drawn on 5th Jan 2011 is valid upto and including 4th of July 2011 as per the practice prevalent in the banks.

Advocate. Arunagiri (Expert) 18 February 2011
Six calender months, not the days is counted.

This cheque is valid, if it is sent for collection on or before the six months.