Navinchandra Patel v. State of Gujarat (Cheque Presentation Period)

Supreme Court of India(2021) 4 SCC 161

Bench: J. Ashok Bhushan, J. R. Subhash Reddy, J. M.R. Shah

The Supreme Court held that for a post-dated cheque, the 3-month period for presentation under Section 138(a) NI Act runs from the DATE WRITTEN ON THE CHEQUE (the post-date), not from the date the cheque was physically given to the payee. A post-dated cheque becomes a valid instrument (negotiable instrument) only on its date — it cannot be presented for payment before that date. The period of validity for presentation is computed from the date written on the cheque. In this case, the cheque was dated April 1, 2020 and presented on July 5, 2020 — which is more than 3 months from April 1, 2020. The presentation was therefore outside the statutory period and the complaint under Section 138 was not maintainable.