- (1.) THE facts of the aforementioned three cases are similar and they are accordingly being disposed of by this common order. The petition No. 2079 of 2007 will be the leading case.
(2.) THE respondent No. 2 has filed a complaint under Section 138 of the Negotiable instruments Act against the applicants and the learned Special CJM, Kanpur Nagar has issued the summons.
(3.) THE applicants say that the complaint is time barred because it has not been filed within 30 days after the expiry of 15 days from the receipt of the notice as contemplated by Sections 138 (c) and 142 (b ). The two provisions may be extracted for ready reference: "138 (c) The drawer of such cheque fails to make the payment of the said amount of money to the payee or as the case may be to the holder in due course of the cheque within fifteen days of the receipt of the said notice. " "142 (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 Section 138. ";