IMPORTANT POINT
Post-dated cheque becomes a bill of exchange on date it bears and if resented within six months from that date or within period of its validity, it would be considered presented within time.

Bilal Nazki, J. - Heard the learned Counsel for the parties. Both the petitions are inter-connected, therefore they are decided by this common order.

2. A complaint has been filed against the petitioner under Section 138 of the Negotiable Instruments Act, which is sought to be quashed in these petitions. Two grounds have been agitated before this Court. One ground is that, no notice was received by the petitioner demanding payment' of the money after the alleged dishonour of the cheque by the Bank. Second ground which is agitated before this Court is that blank cheques had been given and even according to the complainant these cheques were given by way of security and were post dated, these cheques were given in the year 1997 and admitted by these cheques were presented to the Bank after the statutory period of six months. Therefore the complaint is not maintainable.

3. Coming to the first argument, it has been stated by the complainant that notice has been sent through registered post as well as through certificate of posting and the notice sent through certificate of posting was received by the petitioner. This is a question of fact whether the notice has been received by the petitioner or not. On the ground the complaint cannot be quashed. There is no mode prescribed under Section 138 of the Negotiable Instruments Act for serving the notice, it is sufficient that the notice is served on the accused. In the present case whether the notice was sent or not is purely a question of fact, which can be gone into during the trial.

4. Coming to the second question that admittedly the cheques were postdated therefore no offence could be attributed to the petitioner, it is necessary to reproduce the relevant paragraph from the complaint. Para 1 reads as under:-

"1. That the accused borrowed from the complainant a sum of Rs. 3 lakhs (Rupees three lakhs only) in all in the year 1997 as hand-loan with a promise to repay the same on demand. While taking the loan the accused issued post-dated cheques each for Rs. 75.000/(vide Cheque No. 681685. dt. 31-7-1998; cheque No. 681686. dated 6-8-1998; cheque No. 681687. dt. 14-8-1998 and cheque No. 681688. dt. 20-8-1998) as security for repayment of the said amount and also in discharge of the said debt. All the above cheques are to be drawn on the State Bank of India, Amberpet Branch, Hyderabad."

While going through this para, it becomes clear that the cheques were issued in the year 1997, but the complainant states that there were postdated. A cheque is merely a piece of paper till the date, which is given on it. It becomes a bill of exchange on the date it bears on it. Section 138 of N.I. Act mandates that the cheque should be presented to the Bank within a period of six months from the date on which it is drawn or within its period of validity whichever is earlier. Postdated cheque becomes a cheque under the Negotiable, Instruments Act on the date which is written on the said cheque and necessarily six months period has to be reckoned for the purpose of Section 138 of the N.I. Act from the said date. A cheque becomes due on presentation only on the date or after the date, which is written on it. A cheque does not become operative on demand if it is presented before the date written on it. I am fortified in my view by the judgment of Supreme Court in Anil Kumar Sawhney v. Gulshan Rai1. In the said judgment the Supreme Court held:

"An offence to be made out under the substantive provisions of Section 138 of the Act it is mandatory that the cheque is presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier. It is the cheque drawn which has to be presented to the Bank within the periods specified therein. When a post-dated cheque is written or drawn it is only a bill of exchange and as such the provisions of Section 138 (a) are not applicable to the said instrument. The post-dated cheque becomes a cheque under