1. Aggrieved over the order of the learned Judicial Magistrate, FTC at Madurai, dated 16.9.2014, in and by which, a complaint preferred by the petitioner against the respondents herein under Section 200 Cr. P.C. for the offence punishable under Section 138 of the Negotiable Instruments Act, came to be returned for want of jurisdiction.

2. The brief facts are that the petitioner presented a cheque for encashment on 12.6.2014 at Karur Vysya Bank Limited, Thallakulam, Madurai issued by the first respondent and it was returned by the said Bank, stating the reason that the funds available in the account were insufficient. The petitioner issued a legal notice dated 30.6.2014 to the respondents, which were also returned with endorsement ‘refused’. Hence, the petitioner filed a complaint under Section 200 Cr. P.C. before the learned Judicial Magistrate, FTC at Madurai.

3. While following the decision of the Hon’ble Apex Court in “Dasarath versus State of Maharashtra” (Criminal Appeal No.2287 of 2009), by order, dated 16.9.2014, the learned Magistrate has returned the complaint, stating that the complaint has to be presented where the cheque has been dishonoured at and that the enca