The order on C.M.P. No. 4432 of 1993 of the Judicial First Class Magistrate, Kozhikode filed under S.473 Cr.P.C. is under challenge in this revision. By the said petition the petitioner sought to condone the delay of 15 days to file the complaint against the respondent for an offence punishable under S.138 of the Negotiable Instruments Act, for short the Act. It was submitted that he was hospitalised at the relevant time and could not file the complaint within the period prescribed. He produced a certificate from the doctor who treated him and prayed that the delay may be condoned. The Court below by the impugned order refused to condone the delay and dismissed the petition.

2. Heard counsel for the petitioner.

3. Under S.142 of the Act: "Notwithstanding anything contained in the Code of Criminal Procedure,

a) no court shall take cognizance of any offence punishable under S.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 S.138;

c) no court inferior to that of a Metropolitan Magi