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      Question

      Under Section 138, for the dishonour of a cheque to

      constitute an offence, the cheque must have been presented to the bank within:
      A Six months from the date it is drawn or within its period of validity, whichever is earlier Correct Answer Incorrect Answer
      B Three months from the date it is drawn Correct Answer Incorrect Answer
      C One year from the date it is drawn Correct Answer Incorrect Answer
      D Fifteen days from the date it is drawn Correct Answer Incorrect Answer
      E Thirty days from the date it is drawn Correct Answer Incorrect Answer

      Solution

      Under the proviso (a) to Section 138, the cheque must be presented to the bank within a period of six months from the date on which it is drawn, or within the period of its validity, whichever is earlier. Although the RBI later reduced cheque validity to three months, the statutory text refers to six months. This presentment requirement is one of the essential conditions for an offence under Section 138.

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