Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),-

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;
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;
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.