SC refuses to entertain PIL seeking extension of deadline for presenting cheques

Tribune News Service

New Delhi, June 4

The Supreme Court has refused to entertain a PIL seeking to exclude the lockdown period for calculating limitation for presenting cheques and demand drafts beyond three months from the date of issuance.

"In our considered view, this is a policy decision to be taken by Reserve Bank of India regarding which the court can not issue any direction," a Bench led by Justice R Banumathi said dismissing the petition filed by advocate Harsh Nitin Gokhale.

Citing the top court's decision to extend the limitation period for filing of appeals in various categories of cases, Gokhale wanted a similar relief for presenting banking instruments such as cheques, demand drafts.

"Since, the instrument would have become stale the drawer would lose the right to encash the banking instrument and/or valuable rights of the drawer to proceed against the drawee would be lost as it would be considered to be the negligence of the drawer to not present the same in due time", he submitted.

"Such suffering could be easily remedied if the limitation for the presentation of such banking instruments is relaxed for the period of the lockdown", the petitioner contended.

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