Cr. Revision 233 of 2010 5.4.2011 Present: Mr. Bimal Gupta, Advocate, for the petitioner. Mr. Rupinder Singh, Advocate, for the respondent. The petitioner herein seeks discharge on the basis that previous to the institution of the present complaint; the respondent herein had instituted another complaint claiming dishonour of the Negotiable Instrument i.e. cheque for a sum of ` 4,50,000/-. This complaint according to the petitioner was withdrawn by the respondent-complainant. Thereafter the present complaint was instituted claiming ` 6 lacs representing the amount of the dishonoured cheque. From the application which has been instituted by the petitioner herein before the learned trial Court underSection 258, 245, and 251 of the Code of Criminal Procedure, I am at pains to ascertain as to on what ground discharge is sought. However, with great difficulty, what I have been able to discern is that the petitioner herein purportedly challenges the jurisdiction of the Court to continue further proceedings on the ground that once complaint instituted has been withdrawn, it is not open to the complainant to again file a fresh complaint on the same cause of action. The order passed by the learned Magistrate is equally terse as it would be difficult to make out the precise grounds from the application made for discharge. In these circumstances, this petition is disposed of with a direction that it will be open to the petitioner to urge before the trial Court on the question of jurisdiction to take cognizance of the complaint on the grounds as available to him in accordance with law. The rejection of the present application shall not be a bar for raising such grounds. As and when such plea is taken, it will be open to both the parties to lead evidence on this point and shall dispose of it in accordance with law. It is also directed that the learned trial Court shall consider the application filed by the petitioner for exemption from appearance. Petition stands disposed of. April 05, 2011 (Dev Darshan Sud), ms Judge