AIR 2013 SUPREME COURT 3283

Supreme Court Of India

Hon'ble Judge(s): P. Sathasivam, Ranjana Desai, Ranjan Gogoi , JJJ

(A) Negotiable Instruments Act (26 of 1881) , S.138, S.142— Limitation Act (36 of 1963) , S.12— General Clauses Act (10 of 1897) , S.9— Dishonour of cheque - Complaint - Limitation - Computation - Limitation Act, S. 12 which provides for exclusion of day from which limitation starts does not apply - S. 9 of General Clauses Act however applies and first day of period of limitation stipulated in S. 142 had to be excluded. AIR 1999 SC 1609 : 1999 AIR SCW 1218, Overruled. Even though Limitation Act is not applicable to proceeding under Negotiable Instruments Act and as such S. 12 of Limitation Act cannot be applied to compute limitation @page-SC3284 under N. I. Act which the aid of Section 9 of the General Clauses Act, 1897 it can be safely held that while calculating the period of one month which is prescribed under Section 142 (b) of the N. I. Act, the period has to be reckoned by excluding the date on which the cause of action arose.(Para 17 20 25) It is not possible to hold that the word 'of' occurring in Sections 138(c) and 142(b) of the N. I. Act is to be interpreted differently as against the word 'from' occurring in S. 138(a) of the N. I. Act; and that for the purposes of S. 142(b), which prescribes that the complaint is to be filed withi....