1. The present petition under Article 226/227 of the Constitution of India has been preferred by the petitioner against the order dated 9.12.2014 (Annexure P-1) passed by JMFC, Gwalior whereby a private complaint under section 138 of the Negotiable Instrument Acts, 1881 (for short “the Act”) filed by the petitioner/ complainant has been returned back in view of the mandate of the Hon'ble apex Court in the case of Dashrath Rupsingh Rathod v. State of Maharasthra and Another [(2014) 9 SCC 129], wherein interpretation in respect of section 142 of the Act was made and it was held that the complaint would be filed only in the Court of jurisdiction where drawer has issued the cheque. Since in the present case, drawer i.e. respondent No. 2-Rama Hardware issued the cheque at Sidhi (M.P.) therefore, complaint was returned back to the petitioner/ complainant for filing before appropriate Court.

2. Learned counsel for the petitioner raised two grounds; one is the exception carved out in the case of Dasrath Rupsing (supra), in para 22 wherein the apex Court has categorically excepted those cases where evidence has been started. From the order-sheets filed by the petitioner, it is submitte