1 The petitioner, against whom a Criminal Case No. 4061 of 1997 is filed in the Court of the Judicial Magistrate (FC) at Bhavnagar, relating to the offence punishable under S.138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the Act"), prays for setting aside the common order dated June 15, 1998, passed rejecting his applications, Ext. 6, 8 and 10 for quashing of the complaint, and his discharge, etc.

2 The question of vital importance that arises for consideration is, to which bank (paying or collecting), the cheque is to be presented within six months or during its validity period for legal and valid initiation of criminal action under S.138 of the Act ?

3 facts, necessary for disposal of this application, may, in brief, be stated. The petitioner and opponent No. 1, were having legal transactions. When account was settled, Rs. 1,00,000 were found due to the opponent No. 1 from the petitioner. The petitioner therefore, in order to fulfil his obligation to pay the amount, issued the cheque for Rs. 1,00,000 on January 24, 1997. The cheque was drawn on the branch of Veraval Mercantile Cooperative Bank Ltd., Veraval, at Junagadh (for short, "the paying bank").

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