JUDGMENT

1. The petitioners, who are arraigned as accused No.2 and 3 before the Trial Court, have filed this petition under sec. 482 of Cr.P.C., with a prayer to set-aside the order passed by the XI Additional Sessions Judge, Belagavi in Criminal Revision Petition No.427/2019, confirming the order dtd. 5/8/2019 passed in C.C.No.410/2019 on the file of the JMFC-VIII, Belagavi taking cognizance for the offence punishable under sec. 138 of the Negotiable Instruments Act, 1881 ( for short "N.I.Act").

2. Petitioners have contended that based on private complaint filed by the respondent in PC No.101/2010 (C.C.No.267/2010) for the offence punishable under sec. 138 of the N. I. Act, came to be registered. On 11/11/2014, the complaint came to be returned for want to territorial jurisdiction in view of the decision of the Hon'ble Apex Court in the case of Dasharath Rupsingh Rathod Vs. State of Maharashtra,AIR 2014 SC 3519. i.e. Criminal Appeal 2287/2009. However, the complaint was represented in P.C.No.686/2016 before the Principal Civil Judge and JMFC, Hubballi after delay of 20 months. Based on the memo filed by the respondent, the complaint was returned for presentation before the jurisdic