Case Note & Summary
The revision petition was filed by the accused against the judgment dated 28.06.2023 in C.C.No.444/2019 passed by the Trial Court and the judgment dated 17.02.2026 in Crl.A.No.62/2023 passed by the Appellate Court. The complainant alleged that the accused borrowed Rs.1,50,000 and issued a post-dated cheque dated 13.06.2018. The complainant did not present the cheque on the due date but presented it on 05.12.2018, which was dishonoured for insufficient funds. The legal notice was issued but the accused did not reply. The trial court convicted the accused, and the appellate court confirmed the conviction. The High Court observed that the cheque was presented before its due date, which is premature. The court held that the presentation of a post-dated cheque before the due date does not give rise to a cause of action under Section 138 of the Negotiable Instruments Act, 1881. Consequently, the complaint was not maintainable. The High Court allowed the revision petition, set aside the judgments of the lower courts, and acquitted the accused.
Headnote
A) Negotiable Instruments Act - Dishonour of Cheque - Premature Presentation - Section 138 Negotiable Instruments Act, 1881 - The complainant presented a post-dated cheque before its due date, which was dishonoured for insufficient funds. The court held that the presentation of a post-dated cheque before the due date is premature and does not constitute a valid cause of action under Section 138. The complaint was quashed. (Paras 3-5) B) Criminal Procedure - Revision Petition - Maintainability - Section 438 r/w 442 BNSS - The revision petition was filed against concurrent findings of the trial court and appellate court. The High Court allowed the revision, setting aside the judgments of both lower courts. (Paras 1-2, 5)
Issue of Consideration
Whether the complaint under Section 138 of the Negotiable Instruments Act, 1881 is maintainable when the cheque was presented before its due date and dishonoured for insufficient funds.
Final Decision
The revision petition is allowed. The judgments dated 28.06.2023 in C.C.No.444/2019 and dated 17.02.2026 in Crl.A.No.62/2023 are set aside. The accused is acquitted of the offence under Section 138 of the Negotiable Instruments Act, 1881.
Law Points
- Section 138 Negotiable Instruments Act
- 1881
- premature presentation of cheque
- dishonour of cheque
- legal notice
- limitation period
- quashing of complaint
