law: Negotiable Instruments Act, 1881 
  142. Cognizance of offences 
  Notwithstanding anything contained in the Code of Criminal
  
  Procedure, 1973 (2 of 1974),- 
  (a) no court shall take cognizance of any offence punishable
  
  under section 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 section 138;
  (c) no court inferior to that of a Metropolitan Magistrate or a Judicial
  
  Magistrate of the first class shall try any offence punishable under section
  
  138.