C.V. Bhadang, J.

Heard. Rule made returnable forthwith. The learned Counsel for the respondent No. 1, waives service. Heard finally by consent of parties.

2. The petitioner had filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (the Act, for short), against the respondent No. 1 before the learned Judicial Magistrate First Class, Ponda. Admittedly, the said complaint was filed within the limitation, as provided under Section 142 of the said Act. Undisputedly, the said complaint was filed in the Court of the Judicial Magistrate First Class at Ponda, where the payee bank (Banker of the petitioner), was situated.

3. The Hon'ble Apex Court in the case of Dashrath Roopsingh Rathod v. State of Maharashtra, AIR 2014 SC 3519, inter alia held that such a complaint has to be filed in the Court, within whose jurisdiction, the drawee bank is situated. Admittedly, the drawee bank, in this case, is situated at Panaji. On the basis of the judgment in the case of Dashrath Roopsingh Rathod (supra), the learned Judicial Magistrate First Class, by an order dated 29.09.2014, returned the complaint for presentation to the proper Court. The papers were physically returned