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Tarun Prasad Chatterjee vs Dinanath Sharma on 10 October, 2000

Approving the decision in Tarun Prasad Chatterjee vs. Dinanath Sharma [supra] and interpreting Section 9, it has been held that while calculating the period of one month, which is provided under Section 142[b] of the Negotiable Instruments [NI] Act, 1881, the period has to be reckoned by excluding the date on which the cause of action arises. In the proviso [c] to Section 138 of the NI Act, it has been stipulated that if the drawer of the dishonoured cheque fails to make payment of the amount of the dishonoured cheque to the payee or, as the case may be, to the holder in the due course of the cheque 'within' fifteen days of the receipt 'of' the demand notice, the cause of action to file the complaint under Section 142[b] of the NI Act arises 'within' one month 'of' the date on which the cause of action arises.
Supreme Court of India Cites 21 - Cited by 51 - R C Lahoti - Full Document
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