Liability of the issue of cheque begins from the date of issuance of the cheque in discharge of a liability and not on the date of its presentation
To substantiate his plea that the petitioner had resigned from the Directorship of the Company with effect from 15.12.2010, reference was made to Form-32 whereby the intimation was purported to have been given to the Registrar of Companies regarding resignation. It is noted that the date of intimation of resignation was not mentioned in the said Form-32.There being nothing on record to substantiate this plea of the petitioner and the date of intimation to the Registrar of Companies being a question of fact; this Court cannot record a finding of fact in this regard. This is a triable issue which has to be proved by the petitioner.
8. Moreover, the liability of the issue of cheque begins from the date of issuance of the cheque in discharge of a liability and not on the date of its presentation. Even if it is presumed that the petitioner had resigned from the company before the presentation of the cheques in question, still he cannot escape from his liability under the Act on account of its dishonour.
Delhi High Court
Munish Soni vs Ravinder Kumar Jain on 23 May, 2012
