M.L. Tahaliyani, J.

1. Learned Counsel for the petitioner is present in both the petitions. Learned APP Mr. More is present for Respondent No. 1 State. None for respondent No. 2. Admitted. Heard finally by consent of learned Counsel for the petitioner and the learned APP.

2. The petitioner is the complainant in complaint case Nos. 1355/SS/2014 and 1354/SS/2014. His complaints filed under section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act') against respondent No. 2 have been ordered to be returned to the complainant on the ground that the cheque had been dishonoured not within jurisdiction of Metropolitan Magistrate, 38th Court, Kurla, Mumbai. Learned Magistrate has further observed that the stage of section 145(2) of the Act had not reached. Therefore, complaints have been ordered to be returned to the complainant/petitioner.

3. Learned Advocate for the petitioner has submitted that the petitioner has filed his affidavit of evidence in both the cases on 14-8-2014 and that therefore, both the cases had reached section 145(2) of the Act. This Court in earlier judgments has said that once an affidavit under section 145(1) of the Act has been file