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‘BLANK’ POST-DATED CHEQUES A blank post-dated cheque is a one which has a certain future date of maturity mentioned thereon but it doesn’t have the amount written on it (though it has been duly signed by the drawer) .
I think that such a cheque is not even a bill of exchange during the period of from the date when it was drawn till the date of maturity written on it; because of the fact that under S.5 of the Act, for an instrument to be a ‘bill of exchange’ it has to have a ‘certain sum’ of amount written on it.
Now the Kerala HC said that rather than looking at the nomenclature of the word ‘guarantee’ mentioned in the complaint, the right approach would be to consider the ‘nature’ of the complaint.
Thus, the court held the respondent liable u/S.138.
Thereafter, the complainant came to court after scrupulously observing the statutory time table.
The period of six months mentioned in proviso (a) to S.138 begins to run only from the date mentioned in the cheque and not from the date of drawal of the cheque .
the Bombay High Court’s decision in Ramkrishna Urban Cooperative Credit. In this case, the Respondent had taken loan for his business from the Appellant bank and for satisfaction of the loan; some blank cheques were issued to the Appellant.
It was also agreed by the Respondent that he shall pay the amount from time to time in installments.
Since it could not be sufficiently proved whether the concerned amount that was put on the cheque had become due or not, an adverse inference was drawn by the trial court against the appellant and thus, it exonerated the respondent from the purview of S.138.
This was a strong basis for the trial court to acquit the respondent and I think that this was the primary reasoning of the High Court in this case for acquitting the respondent.