C.T. Ravikumar, J.—This revision petition is directed against the order dated 26.10.2014 in C.C.No.83 of 2010 of the Court of Judicial First Class Magistrate-V (Special Court for Mark list cases), Thiruvananthapuram. The revision petitioner herein was the complainant therein. He filed the same alleging commission of offence under Section 138 of the Negotiable Instruments Act against the 2nd respondent and it was taken on file and registered as C.C.No.83 of 2010. On due process the 2nd respondent appeared before the trial court and the proceedings progressed further and it was during the pendency of the said case that the Hon’ble Apex Court rendered the decision in Dashrath Rupsingh Rathod v. State of Maharashtra, 2014 (3) KLT 605 (SC). Later, it was returned to the petitioner for filing it before the proper court in the light of the said decision of the Hon’ble Apex Court. The question to be decided is whether the complaint filed by the revision petitioner which was registered and taken into file as C.C.No.83 of 2010 was liable to be returned to him for filing/re-filing before the proper court in the light of the decision in Dashrath Rupsingh Rathod’s case (supra)? The corre