Complainant in CC.No.572/2013 on the file of Judicial First Class Magistrate Court-I, Kochi, is the revision petitioner herein.

2. The revision petitioner herein filed a complaint under section 138 of the Negotiable Instruments Act (herein after called the Act) before the Judicial First Class Magistrate Court-I, Kochi, against the first respondent herein alleging offences under section 138 of the Act, on the basis of a cheque given by the first respondent drawn on Federal Bank, Thenhipalam branch, Kozhikode in favour of the complainant on the basis of a law prevailing at that time and on the basis of the decision of the Apex Court, the case was taken on file by the Judicial First Class Magistrate Court-I, Kochi. Thereafter, on the basis of the decision of the Apex Court in Dashrath Rupsingh Rathod V. State of Maharashtra and Another [2014 (3) KHC 362], wherein the Supreme Court has held that the court within whose jurisdiction the drawee bank is situated alone will get jurisdiction to entertain a complaint under section 138 of the Act and also directed the Magistrate to return the complaint if evidence is not taken to present before the proper court and it is further observed