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The post-dated cheque is not payable till the date which is shown on the face of the said document.It will only become cheque on the date shown on it and prior to that it remains a bill of exchange under Section 5 of the Act.
A Canadian bank, for example, is not supposed to process a post-dated cheque and if it does so by mistake, the cheque writer may ask their bank to correct the error.
A postdated check—a check with a date that is later than the current date—is not considered to be currency.
Further, the postdated check should not be reported as part of the Cash account balance until the date of the check.
If a Canadian financial institution inadvertently accepts and processes a cheque before the due date, the cheque writer may ask his or her financial institution to return the amount until the day before the cheque should have been cashed.
A "post- dated cheque" is only a bill of exchange when it is written or drawn, it becomes a "cheque" when it is payable on demand.
In other words, it is evident from Section 9(4) that it does not apply to cases where, pursuant to filing a provisional specification, the complete specification was not filed at the time of making a request for post-dating under Section 17.
Moreover, Section 17(1) allows the post-dating of a patent application by up to six months, and Section 9(4) allows post-dating by more than six months.Further, the reading of Section 17(1) alongside Section 9(1) raises concern as to whether the deadline for filing a complete specification pursuant to a provisional application is to be calculated from the original filing date or from the post-dated date. However, the RAC report can be interpreted as suggesting a legislative intent to introduce the post-dating provision into the act in order to provide more time for filing a complete specification at the cost of some risk involved in shifting the priority date.Comment In view of the unfavourable precedent set by the Delhi High Court in , an applicant must carefully consider the consequences before requesting a shift in the priority date of a patent application where the intention of the applicant is to obtain an extension of time to file a complete specification.If an applicant needs more than the prescribed period to file a complete specification, an applicant may post-date a patent application, accompanied by a provisional specification.In patents, post-dating refers to the shift of the priority date of a patent application to a later date.Therefore, Section 17(1) of the Patents Act cannot be interpreted in a way which may conflict with Section 9 of the Patents Act.