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 account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this Act, be punished with imprisonment for (a term which may be extended to two years), or with fine which may extend to twice the amount of the cheque, or with both:

Provided that nothing contained in this section shall apply unless-

(a) the cheque has been 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;

(b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque, (Within fifteen days) of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and

(c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or as the case may be, to the holder in due course of the cheque within fifteen days of the receipt of the said notice.

Explanation:- For the purpose of this section “debt or other liability” means a legally enforceable debt or other liability.”

Section 142 reads as follows:

“142. Cognizance of offences- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)-

(a) no court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque;

(b) such complaint is made within one month of the date on which the cause of action arises under clause (c) of the proviso to section 138:

(Provided that the cognizance of a complaint may be taken by the Court after the prescribed period, if the complainant satisfies the court that he had sufficient cause for not making a complaint within such period;)

(c) no Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under section 138.)”

2. Under section 138 of the Negotiable Instrument Act, when any cheque drawn by a person is returned by the bank unpaid for want of funds, such person shall be deemed to have committed an offence., provided conditions mentioned in clauses (a), (b) and (c) are satisfied. Clause (a) specifies that the cheque should be presented within six months from the date on which it is drawn and clause (b) states that the payee should make demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque within fifteen days of the receipt of information by him from the bank regarding dishonour of the cheque and under clause (c) if the drawer of such cheque fails to make the payment of the said