JUDGMENT

R. P. SETHI, J. — Leave granted.

2. (a) What is meant by, “the bank” as mentioned in Clause (a) of the proviso to Sec. 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 Sec. 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] and Gujarat High Court in Arunbhai Nilkanthara Nanavati v. Jayaben Prahladbhai through Her Power of Attorney and another [1999 (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. Howev¬er, Madras High Court in A.B.K. Publications Ltd. and Others v. Tamil Nadu Newsprint and 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 calculati