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 office to restore the case to its original position.

Taking exception to the same, this petition is filed.

3.

Learned counsel appearing for the petitioner

submits that the learned Magistrate having passed an

order returning the complaint to be presented before

the learned Magistrate having territorial jurisdiction

becomes functus officio. And in the absence of any

power the learned Magistrate has committed an error in

restoring the complaint to its original file and the same

is one without jurisdiction in support reliance is placed

on the decision of the Hon'ble Apex Court in the case of

Devendra

Kishanlal

Dagalia

vs.

Dwarkesh

Diamonds Private Limited and Others reported in

(2014) 2 SCC 246.

4

4.

On

the

other

hand,

learned

counsel

appearing for the respondent-Complainant submits that

learned Magistrate by exercising the power under

Section 410 of Cr.P.C has rightly restored the complaint

and the same cannot be set to be one without

jurisdiction.

5.

I have considered the submissions made by

the learned counsel for the parties, Sub-Section 2 of

Section 410 of Cr.P.C., despites that any judicial

Magistrate may recall any case made over by him under

Sub-Section (2) of Section 192 to any other Magistrate

and may inquire into or try such case himself. Section

192 of Cr.P.C., specifies that any Magistrate may after

taking cognizance of an offence, make over the case for

inquiry or trial to such other competent Magistrate as

the Chief Judicial Magistrate may, by general or special

order, specify, and thereupon such Magistrate may hold

the inquiry or trial. In the present case the learned

Magistrate having regard to the dictum later on by the

Hon'ble Apex Court in the case of Dhasharath

RoopSingh

Rathod

(supra)

returned

to

the

5

complainant to be presented before learned Magistrate

having territorial jurisdiction. Before the complaint was

returned to the complainant an ordinance was issued

conferring jurisdiction to the Court within whose

jurisdiction the drawee is having the account to try the

offence punishable under Section 138 of NI Act, 1881.

Hence, the learned Magistrate taking into account that

he had the territorial jurisdiction to try the complaint

filed by the respondent-Complainant held that the

complaint is maintainable before him and directed the

Registry to restore the case to its original position. By

exercising the power under Sub-Section 2 of Section

410 of Cr.P.C. Hence, the order passed by the learned

Magistrate restoring the compliant to its original file is in

confirmity with the Sub-Section 2 of Section 410 of

Cr.P.C.

In view of the proceedings analysis, I am of the

considered view that the impugned order passed by the

learned Magistrate is in accordance with the provision

contained under Section 410 (2) of Cr.P.C and the same

6

d