RAJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision petition is directed against the order dated 26.10.2014 in C. C. No. 83 of 2010 of the Court of Judicial First Class Magistrate-V (Special Court for Mark list cases), Thiruvananthapuram. The revision petitioner herein was the complainant therein. He filed the same alleging commission of offence under Section 138 of the Negotiable Instruments Act against the 2nd respondent and it was taken on file and registered as C. C. No. 83 of 2010. On due process the 2nd respondent appeared before the trial court and the proceedings progressed further and it was during the pendency of the said case that the Hon'ble Apex Court rendered the decision in Dashrath Rupsingh Rathod v. State of Maharashtra, 2014 AIR(SC) 3519. Later, it was returned to the petitioner for filing it before the proper court in the light of the said decision of the Hon'ble Apex Court. The question to be decided is whether the complaint filed by the revision petitioner which was registered and taken into file as C. C. No. 83 of 2010 was liable to be returned to him for filing/re-filing before the proper court in the light of the decision in Dashrath Rupsingh Rathod's case The correctness, legality and propriety of the said action in returning the complaint in such circumstances beckon consideration in the light of the decision in Dashrath Rupsingh Rathod's case and the relevant provisions of law. On 22.1.2015 this Court issued notice by Special Messenger to the 2nd respondent. Despite the receipt of notice the 2nd respondent has not cared to enter appearance and resist the case.

(2.) I have heard the learned counsel for the revision petitioner and also the learned Public Prosecutor.

(3.) To answer the aforesaid question it is worthy to extract paragraph 20 of the decision in Dashrath Rupsingh Rathod's case ( 2014 AIR(SC) 3519 and the same reads thus: