- (1.) LEARNED AGA has accepted notice on behalf of respondent no. 1.
(2.) HEARD Sri Prashant Mishra, learned counsel for the applicant and learned AGA for the State.
(3.) THIS petition under section 482 Cr.P.C.has been preferred against the order dated 31.3.2015 passed by Chief Judicial Magistrate, Mirzapur in Complaint case no. 137/2015, (PHI Seeds Pvt.Ltd. versus Satya Prakash Kushwaha) under section 138 Negotiable Instruments Act, 1881 (in short, N.I.Act) whereby the complaint filed by complainant was dismissed. It appears that applicant/complainant filed criminal complaint under section 138 N.I.Act against respondent no. 2 for dishonouring of the cheque. It also appears that respondent no. 2 did not appear before the Hyderabad court on 22.12.2014. In fact, authorized person of the company was also not present, therefore, following the recent judgment of the Apex Court in Dashrath Rupsingh Rathod versus State of Maharashtra and another, 2014 LawSuit(SC) 589, the Magistrate at Hyderabad passed the following order : - "Authorized person of the complainant company is called absent. Accused called absent. So far summons not served on the accused. Hence the case is at the summons stage. In view of the latest judgment of the Hon'ble Apex Court which is reported in 2014 (2) ALD Crl. 190 (SC), the complaint may be returned to the complainant to present the same before proper proper Jurisdiction where the accused is residing in order to file the same before appropriate Court in view of above cited Judgment direction. Office is directed to return the complaint to the complainant with proper Index. Hence the complaint is herewith returned to the complainant under proper identification and acknowledgment to present the same before the proper Court having Jurisdiction to try the matter.";