SUPREME COURT OF INDIA – NEGOTIABLE INSTRUMENTS ACT SECTION 138 -WHETHER THE COMPLAINT FILED IS WITHIN LIMITATION OR NOT
Supreme Court of India
Date of Judgement: 26.08.2013
Whether the complaint filed under Section 138 of the NI Act is within limitation or not…… from the date on which the cause of action arose under clause (c) of the proviso to Section 138 of the NI Act? …. Whether for calculating the period of one month …. under Section 142(b), whether the period has to be reckoned by excluding the date on which the cause of action arose or not? …. “We hold that for the purpose of 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.
