ORDER :

1. The petitioner is the complainant in CMP No. 1053 of 2023 filed before the Judicial Magistrate of the First Class, Chottanikkara. That complaint was filed alleging an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. As per the order dated 07.10.2023, the learned Magistrate returned the complaint to the petitioner for being presented before the proper court. The said order reads thus:

“Heard. The learned counsel for complainant submitted that the cheque was presented through State Bank of India, Tripunithura Branch, since the complainant maintains the account at Ambalamedu Branch, this court is having jurisdiction to try the case. It is further submitted that as per explanation to Section 142 Negotiable Instruments Act, the branch in which the cheque was delivered for collection shall be deemed to be the branch in which complainant maintains the account. I have perused the records. It is seen that the cheque was presented for collection through State Bank of India, Tripunithura Branch which is not within the jurisdiction of this court. In view of Section 142(2) (a) of Negotiable Instruments Act, the complaint is returned for presentation before