This is an appeal filed by the complainant in C.C. No. 698/91 on the file of J.F.C.M.1, Kannur against the acquittal of the respondent. The complaint was filed under Sec. 138 of the Negotiable Instruments Act and it was alleged that the respondent had drawn three cheques in favour of the complainant and when they were presented for payment, they were dishonoured and thus the respondent committed the offence under the Act. When this appeal came up for hearing before the learned Single Judge, question arose as to whether a single complaint could he filed in respect of three cheques. The learned Single Judge disagreed with We view expressed in Crl. R.P. No. 734/94 and was pleased to refer the matter to a Division Bench.

2. We heard the Appellant's counsel and also the counsel for the respondent. The respondent herein was acquitted on the ground that complaint was barred by time. The Magistrate held that as per Section 138(c), the complaint should have been filed within 15 days of the receipt of the notice by the accused.

3. At the outset we may state that, view taken by the Magistrate is incorrect and contrary to the provisions of law. One of the conditions to be fulfilled f