O R D E R

In this revision petition, petitioner assails the order dated 24.2.2018 of the Judicial First Class Magistrate Court I, Perumbavoor by which the learned Magistrate dismissed his petition to condone the delay of 762 days in re-presenting a complaint under Section 138 of the Negotiable Instrument Act, 1881 (hereinafter referred to as ‘NI Act’) which was returned for filing before the proper court having jurisdiction.

2. Petitioner’s case is that, alleging offence under Section 138 of N.I.Act for dishonour of a cheque issued by the accused drawn on ICICI Bank, Aluva, he filed a complaint before the Judicial First Class Magistrate Court I, Perumbavoor and the court took cognizance of the matter and the proceedings were initiated against the accused who is the 2nd respondent herein. While the matter was pending there, in view of the decision of the Apex Court in Dashrath Rupsingh Rathod v. State of Maharashtra and another ( 2014(3) KHC 362 ), the case records were returned on 1.12.2014 from Judicial First Class Magistrate Court I, Perumbavoor for filing it before the appropriate court ie. before the Judicial First Class Magistrate Court I, Aluva. Accordingly, his counsel