A complaint was lodged by the respondent under

Section 200 of Cr.P.C. for the offence of punishable

under Section 138 of Negotiable Instruments Act, 1881,

alleging that when the cheque which was issued in

favour of the complainant by the accused towards

legally recover oval debt, when presented for realization

was returned for want of funds.

2.

The learned Magistrate after recording his

sworn statement took cognizance of the offence and

issued

summons

to

the

accused.

The

learned

Magistrate, in view of the decisions of the Apex Court

rendered in the case of Dhasharath RoopSingh

Rathod Vs. State of Maharashtra reported in

2014(3) KCCR 2313 returned the complaint to be

presented

before

the

learned

Magistrate

having

territorial

jurisdiction,

since,

the

cheque

was

3

dis-honoured by the Vijaya Bank, Kanakapura Branch,

Kanakapura. Before the complaint was returned to the

complainant for presenting it before the learned

Magistrate having territorial jurisdiction, an ordinance

was issued confirming jurisdiction to the Court within

whose jurisdiction the drawee is having the account. In

view of the ordinance issued, the learned Magistrate

taking into account that the complaint was not re