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Of Post Dated Cheques

By Shantimal Jain

Published In

CrLJ 2004

The obvious purpose of a post-dated cheque is to provide some accommodation to the drawer of the cheque. A post dated cheque will lose its creditability and acceptability if its payment can be stopped routinely. Therefore, it is all the more necessary that the drawer of such a cheque should not be allowed to abuse the accommodation provided to him by a creditor by way of acceptance of a post dated cheque. In the case of Anil Kumar Sawhney v. Gulshan Rai (1993) 4 SCC 424, the Supreme Court held that a ‘cheque’ under Section 6 of the Act is also a bill of exchange but it is drawn on a banker and is payable on demand. Thus bill of exchange even though drawn on a banker, if it is not payable on demand, it is not a cheque. A “post dated”cheque is only a bill of exchange when it is written or drawn, it becomes a ‘cheque’ when it is payable on demand. The post-dated cheque is not payable till the date, which is shown on the face of the said docum ....

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