H.R. Shelat, J. – The petitioner, against whom a Criminal Case No. 4061 of 1997 is filed in the Court of the Judicial Magistrate (F.C.) at Bhavnagar, relating to the offence punishable under Section 138 of the Negotiable' Instruments Act (hereinafter referred to as 'the Act'), prays for setting aside the common order dated 15-6-1998 passed rejecting his applications, Ex. 6, 8 & 10, quashing of the complaint, and his discharge etc.

2. The question of vital importance that arises for consideration is to, which Bank (paying or collecting), the cheque is to be presented within 6 months or during its validity period for legally & validly initiation of criminal action under Sec. 138 of the Act?

3. The fact, necessary for disposal of this application, may, in brief, be stated. The petitioner and opponent No. 1, were having legal transactions. When account was settled, Rs. 1,00,000/- were found due to the opponent No. 1 from the petitioner. The petitioner therefore, in order to fulfill his obligation, to pay the amount, issued the cheque for Rs. 1,00,000/- on 24th January, 1997. The cheque was drawn on the Branch of Veraval Mercantile Cooperative Bank Ltd., Veraval at Junagadh (for s