V.K. Bist, J.

This criminal misc. application has been filed by the applicant to quash/set-aside the impugned judgment and order dated 02.3.2015 passed by the learned Chief Judicial Magistrate, Almora in Criminal Misc. Case No. 06/2015 (Rajesh Rastogi vs. Girish Nayal) under Section 138 of the Negotiable Instrument Act, 1881, whereby, the learned Chief Judicial Magistrate, Almora was pleased to reject the delay condonation application of the applicant filed in support of the complaint under Section 138 of the N.I. Act and further to direct the learned Trial Court to hear and decide the complaint of the applicant in accordance with law on its merit.

2. On the last occasion notice was issued to the respondent. The Office report shows that the respondent has been served personally. All the same, none is present for the respondent before this Court.

3. The present applicant had filed a complaint at Rudrapur, under Section 138 of Negotiable Instruments Act. However, since the cheque was drawn from the bank at Almora. The complaint was returned to the complainant, in view of the decision rendered by the Hon’ble Apex Court in Dashrath Rupsingh Rathod vs. State of Maharashtra report