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Issues:
1. Quashing of criminal proceedings under Section 482 of the Code of Criminal Procedure. 2. Interpretation of Section 138 of the Negotiable Instruments Act regarding the presentation of post-dated cheques within the prescribed time limit. Analysis: 1. The petitioner issued four post-dated cheques to the first respondent, which bounced due to insufficient funds. The first respondent initiated criminal proceedings under Section 138 of the Negotiable Instruments Act. The petitioner contended that the cheques were presented beyond the six-month period prescribed by the Act, rendering the prosecution not maintainable. The first respondent argued that the cheques were presented within the stipulated time frame. The key issue was the interpretation of the presentation timeline under Section 138. 2. The first respondent issued a registered notice stating that the post-dated cheques were issued on 23-6-1990 and presented for encashment on 18-1-1992, exceeding the six-month period. The petitioner relied on judgments from different High Courts regarding the treatment of post-dated cheques. The Punjab and Haryana High Court opined that post-dating a cheque beyond the presentation period implies the payee's awareness of potential dishonor. The court analyzed conflicting judgments to determine the correct interpretation of when a post-dated cheque should be considered as drawn. 3. The court deliberated on the implications of treating post-dated cheques based on the date of delivery versus the date mentioned on the cheque. It concluded that a post-dated cheque should be deemed as drawn on the delivery date to prevent abuse of the law by payees accepting cheques with future dates beyond the statutory limit. Consequently, the court quashed the criminal proceedings against the petitioner as the cheques were presented after the six-month period, aligning with the interpretation derived from relevant judgments. 4. In conclusion, the court allowed the criminal petition, dismissing the charges against the petitioner based on the correct interpretation of Section 138 of the Negotiable Instruments Act and the treatment of post-dated cheques concerning the timeline for presentation. The judgment clarified the legal position on post-dated cheques and their implications under the Act, providing clarity on the issue at hand.
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