Bharat Bhushan, J. - (1.) HEARD Sri Prashant Mishra, learned counsel for the applicant and learned AGA for the State. This petition under Section 482 Cr.P.C. has been preferred against the order dated 2.2.2015 passed by Additional Chief Judicial Magistrate, Etawah in Complaint Case No. Nil/2015, under Section 138 Negotiable Instruments Act, 1881 (in short, N.I. Act) (PHI Seeds Pvt. Ltd. v. Shailendra Tiwari) returning the complaint filed by the applicant on the ground of delay.
(2.) IT appears that applicant/complainant filed a criminal complaint under Section 138 N.I. Act against respondent No. 2 for dishonouring of the cheque. It appears that respondent No. 2/accused did not appear before the Metropolitan Magistrate at Hyderabad. Following the recent judgment of the Apex Court in Dashrath Rupsingh Rathod v. State of Maharashtra and another, : 2014(7) ADJ 115 (SC), the Magistrate at Hyderabad passed the following order: "In view of the holding of the Hon'ble Supreme Court of India that a territorial jurisdiction is restricted to the Court where a Cheque is dishonoured by the Bank on which it is drawn and further where the proceedings have gone to the Stage of Section 145(2) of N.I. Act or beyond shall be deemed to have been transferred to the Court where it is presently pending the Complaint Case is transferred to this Court for filing before proper Court as per the judgement of the Hon'ble Supreme Court." This order was passed on 9.10.2014. Applicant managed to file his complaint at Etawah only after 53 days from the date of expiry period of 30 days as fixed by the Apex Court.
(3.) IN paragraph 22 of the judgment in Dashrath Rupsingh Rathod (Supra), the Apex Court has held thus: "Consequent on considerable consideration we think it expedient to direct that only 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 Negotiable Instruments Act, 1881, will proceeding continue at that place. To clarify, regardless of whether evidence has been led before the Magistrate at the pre -summoning stage, either by affidavit or by oral statement, the Complaint will be maintainable only at the place where the cheque stands dishonoured. To obviate and eradicate any legal complications, the category of Complaint cases where proceedings have gone to the stage of Section 145(2) or beyond shall be deemed to have been transferred by us from the Court ordinarily possessing territorial jurisdiction, as now clarified, to the Court where it is presently pending. All other Complaints (obviously including those where the accused/respondent has not been properly served) shall be returned to the Complainant for filing in the proper Court in consonance with our exposition of the law. If such Complaints are filed/refiled within thirty days of their return, they shall be deemed to have been filed within the time prescribed by law, unless the initial or prior filing was itself time barred.";