- (1.) LEARNED AGA has accepted notice on behalf of respondent no. 1 State.
(2.) HEARD Sri Pankaj Dwivedi, learned counsel for the revisionist and learned AGA for the State.
(3.) IT appears that a complaint initiated by revisionist under section 138 of Negotiable Instruments Act, 1881 (in short, N.I.Act) is pending in the court of IInd Additional Sessions Judge, Banda. On 7.2.2015, learned Magistrate taking note of Apex Court? judgment? in Dashrath Rupsingh Rathod versus State of Maharashtra and another, 2014 LawSuit (SC) 589, returned the complaint to the complainant for proper presentation before the appropriate court. Learned counsel for the revisionist submits that? in a recent decision in? Dashrath Rupsingh Rathod case contemplates that those cases where post the summoning and appearance of the alleged accused, the recording of evidence has commenced as envisaged in Section 145(2) of the N.I.Act, the complaint proceedings will continue where it is pending.;