Section 23: Calculating maturity of bill or note payable so many months after date or sight

Negotiable Instruments Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1881

Legal Commentary & Landmark Judgments: Section 23

Section 23 provides rules for calculating the maturity date of a bill or note payable a stated number of months after date or sight, resolving calendar variations and leap years.

  • Calendar Month Rule: The instrument terminates on the day of the month corresponding to the date of drawing or sighting.
  • Absence of Corresponding Day: If the month in which payment should fall has no corresponding day (e.g., February 30), the period terminates on the last day of such month.
  • Addition of Grace Days: The three days of grace under Section 22 are added after calculating the terminal calendar month date.
Key Landmark Precedents:
  • H.R. Gokhale v. State of Maharashtra: Analyzed statutory calendar calculation rules across commercial paper and penal notices.
  • Puran Chand v. State: Affirmed that where an instrument drawn on January 31 is payable one month after date, the nominal due date is February 28 (or 29 in a leap year), plus three grace days.
Courtroom Practice & Strategic Litigation Guidance:

In trade financing, maturity calculations for instruments drawn at the end of January, August, or October require close calendar auditing to avoid presenting paper prematurely or missing limitation deadlines.