SWASTIK PROJECTS PRIVATE LTD Vs. SNEHAKANA CHATTERJEE

JUDGEMENT

(1.) The present revisional application is for quashing of a proceeding being case No. C/1412/97 pending in the Court of learned Metropolitan Magistrate, 15th Court, Calcutta under Section 138 of the Negotiable Instruments Act, 1881.

(2.) On or about 15-3-1997 the petitioner issued several cheques in favour of 13 co-owners allocation in respect of premises No. 9, Pankajini Chatterjee Road and the said cheques were post dated cheques dated 31-3-1997. The aggregate amount of the said cheques was Rs. 18,65,828/-. The said cheques were presented for encashment with the banker of the complainant and the same were dishonoured. Thereafter demand notice was sent demanding the cheque amount. On refusal to make the payment of the cheque amount the aforesaid proceeding was initiated against the accused petitioner.

(3.) The only point raised by the learned Advocate of the petitioner is that a post datd cheque is a bill of exchange and it cannot be considered as a cheque within the meaning of Section 138 of the N.I. Act. A cheque is an instrument which is payable on demand. A post dated cheque, which is not payable, on demand, is not cheque within the meaning of Section 138 of the N.I. Act. In support of his contention Mr. Bose the learned Advocate of the petitioner relies on a judgment of the Hon'ble Apex Court reported in 1993 Cal Cri LR (SC) 165 (Anil Kumar Sawhney v. Gulshan Rai). In the said judgment it was held by the Hon'ble Supreme Court as follows :-