Koshy, J.

What is the time for filing as complaint under section 138 of the Negotiable instruments Act is the short issue considered in this order. This learned single judge referred the matter to Division Bench noticing that decisions of this court in M/s. Poornashree Agencies v. M/s. Universal Enterprises (1995 (1) K.L.J. 248) and Adril D’Couth v. Premier Auto Electric Ltd. (1992 (2) K.L.J. 1051) are contrary to the observations of the Supreme Court in Saketh India Ltd. v. India Securities Ltd. ((1999) 3 SCC 1). Before going into the disputed question, first we will refer to the relevant sections. Section 138 of the Negotiable instruments Act reads as follows:

“138. Dishonour of cheque for insufficiency, etc., of funds in the account.- Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that accoun