ISHAR ALLOY STEELS LIMITED Vs. JAYASWALS NECO LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) Punjab and Haryana High Court in the case of Om Prakash v. Gurcharan Singh, (1997) 3 Crimes 433 and Gujarat High Court in Arunbhai Nilkantharai Nanavati v. Jayaben Prahladbhai through Her Power of Attorney, (1999) 3 Crimes 252 : (2000 Cri LJ 1152) have held that a cheque must be presented to the bank on which it is drawn within six months from the date of issue of the cheque. However, Madras High Court in A. B. K. Publications Ltd. v. Tamil Nadu Newsprint and Papers Ltd., (1999) 3 Crimes 97 : (1999 Cri LJ 2741) has taken the view that cheque can be presented either in the payee's bank or in the drawer bank and the date of presentation in respective banks will be reckoned for calculating period of six months from the date it was drawn.

(3.) In the present case the High Court of Madhya Pradesh has endorsed the view of Madras High Court and disagreed with the views of Punjab and Haryana and Gujarat High Courts.