1. Leave granted.

2. (a) What is meant by, "the bank" as mentioned in clause (a) of the proviso to S.138 of the Negotiable Instruments Act, 1881?

(b) Does such bank mean the bank of the drawer of the cheque or covers within its ambit any bank including the collecting bank of the payee of the cheque?

(c) To which bank the cheque is to be presented for the purpose of attracting the penal provisions of S.138 of the Act ?

are the questions to be determined by this Court in this appeal.

3. Punjab and Haryana High Court in the case of Om Prakash v. Gurcharan Singh (1997 (3) Crimes 433 = 1997 ISJ (Banking) 693) and Gujarat High Court in Arunbhai Nikantharai Nanavati v. Jayaben Prahladbhai through her Power of Attorney & Ann (1993 (3) Crimes 252) have held that a cheque must be presented to the bank on which it is drawn within six months from the date of issuance of the cheque. However, Madras High Court in A.B.K. Publications Ltd. & Ors. v. Tamil Nadu Newsprint & Papers Ltd. (1999 (3) Crimes 97) has taken the view that cheque can be presented either in the payee's bank or in the drawer-bank and the date of presentation in respective banks will be reckoned for calculating period of