The 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 is 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

own 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 writtened the complaint to be

presented

before

the

learned

Magistrate

having

territorial

jurisdiction,

since,

the

cheque

was

dis-honoured by the Vijaya Bank, Kanakapura Branch,

3

Kanakapura. Before the complaint was returned to the

complainant for presenting it before the learned

Magistrate having territorial jurisdiction. An ordinance

was issued giving 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 returned to the complainant directed

the