THANGAMANI J.

The respondent herein preferred a complaint under section 138 of the Negotiable Instruments Act, 1881Code of Criminal Procedure, 1973. Their contention is that even according to the complaint the cheques were drawn only in favour of A-1. There is no connection between the complainant and the quash petitioners. Action under section 138 of the Negotiable Instruments Act, 1881One of the conditions for the applicability of section 138 of the Negotiable Instruments Act, 1881

Besides, in Anil Kumar Sawhney v. Gulshan Rai [1993] LW (Crl.) 641; the Supreme Court has laid down that for an offence to be made out under the substantive provisions of section 138 of the Negotiable Instruments Act, 1881, it is mandatory that the cheque is 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. It is the cheque drawn which has to be presented to the bank within the period specified therein. When a postdated cheque is written or drawn, it is only a bill of exchange and as such the provisions of section 138(a) are not applicable to the said instrument. The post-dated cheque becomes a ch