Suresh Kait, J.

Vide the instant petition the petitioner has challenged the impugned order dated 30.03.2010, whereby, the learned Metropolitan Magistrate, Dwarka Courts, New Delhi returned the complaint case u/s 138 Negotiable Instrument Act, 1881 (hereinafter referred to as 'NI Act'), inter-alia holding that the complaint is barred by jurisdiction.

2. In the present case as submitted by learned counsel for the petitioner, the summons have not been issued by learned MM as the complaint filed by the petitioner has been returned on the ground of jurisdiction, therefore, there is not necessity to issue notice to the respondent in the instant petition also. This position has been fortified by the judgment of the constitution bench in the case of Chandra Deo Singh Vs. Prokash Chandra Bose and Another, AIR 1963 SC 1430 wherein the Supreme Court has held that the entire scheme of Chapter XVI of the Code of Criminal Procedure shows that an accused person does not come into the picture at all till the process is issued; and since the very question for consideration being whether he should be called upon to face an accusation, he has no right to take part in the proceedings.

3. Learne