Month – Month does not mean 30 days – Computation of six months period, Negotiable Instruments Act, 1881, section 138.

While hearing on SLP against an order passed by the High Court in context of a complaint filed u/s. 138 of the Negotiable Instrument Act, 1881 the court was required to consider the meaning of term ‘months’.

Proviso (a) to section 138 provides that the cheque should be presented within six months from the date on which it is drawn. Word month has been defined u/s. 3(35) of General Clauses Act to mean a month reckoned as per British calendar. Period of six months cannot therefore be calculated on 30 days basis.

As regards computation of six months period section 9 of General Clauses Act has to be pressed in service proviso (a) to section 138 of the Act uses the expression “Six months from the date on which it is drawn.” Once the word “from” is used for the purpose of commencement of time, in view of section 9 of the General Clauses Act, the day on which the cheque is drawn has to be excluded and the last day within which such act needs to be done is to be included. In other words, six months period stipulated in section 138 would expire on day prior to the date in the corresponding month and in case no such day falls, the last day of the immediate previous month. For calculating period of six months for cheque drawn on 31-12-2005 the first day, i.e., 31-12-2005 has to be excluded and the period of six months will be reckoned from the next day i.e. from 01-01-2006; meaning thereby that according to the British calendar, the period of six months will expire at the end of the 30th day of June, 2006.