BHUPINDER KUMAR SHARMA Vs. RATTAN SINGH

JUDGEMENT

(1.) The challenge herein in this petition under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') by the petitioner (accused), is against the impugned order of summoning dated 26.6.2012. The precise ground raised for quashing the proceedings is that the cheque in question was apparently issued on 28.5.2011. It being so, its validity was up to 27.11.2011. However, though the cheque was presented by the respondent (complainant) to his bank on 25.11.2011, the same was presented to the drawee bank only on 28.11.2011. In the interregnum the cheque remained under clearance on 26.11.2011, a Saturday and the following day, that is, 27.11.2011, being Sunday, a holiday, it was presented to the drawee bank only on 28.11.2011. The learned Counsel for the complainant submits that Section 25 of the Negotiable Instruments Act, 1881 (in short, 'N.I. Act') as reproduced below, provides that when the day of maturity is a holiday, the instrument shall be deemed to be due on the next preceding business day:--

(2.) In the present case since 27.11.2011, was a holiday being Sunday, the cheque was admittedly presented for encashment to the drawee bank on the 'next preceding business day', that is, 28.11.2011, a Monday.

(3.) However the learned Counsel for the accused submits that Section 25 of the N.I. Act refers only to 'a promissory note or bill of exchange' and not to a cheque. However, the submission on the face of it is without any substance, as Section 6 of the N.I. Act, which is extracted below, defines a cheque as a 'bill of exchange':--