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ABHAY S. OKA, AUGUSTINE GEORGE MASIH
Anil Srivastava – Appellant
Versus
Balram Gupta – Respondent
ORDER
1. Leave granted.
2. Heard learned counsel appearing for the parties.
3. The appellants are the accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘the N.I. Act’) filed by the first respondent. By order dated 26th April, 2024, the learned Magistrate (Metropolitan Magistrate, North East Karkardooma Courts, Delhi) directed the first respondent to take steps to transfer this complaint to the proper court having jurisdiction at Banda, U.P. Therefore, the learned Magistrate passed the following order:
8. Other pending application, if any, also stands disposed of.
It is hereby made clear that in case complainant fails to take necessary steps for getting the present matter transferred from this Court to the jurisdictional court of Banda, U.P. within a period of 6 months from today then the matter shall be deemed to be dismissed as withdrawn.”
4. Learned Counsel representing the appellants who are the accused st
The court clarified that a complaint under Section 138 of the N.I. Act should be decided by the original court when jurisdiction is not contested, setting aside the transfer order.
A trial court's jurisdiction in complaints under Section 138 must be contested before the magistrate, who can return complaints to the appropriate court if needed.
Jurisdiction for cheque dishonor cases is primarily determined by the location of the payee's bank, as articulated in Section 142 of the N.I. Act.
Point of Law : It is crystal clear that, when there is no inherent lack of jurisdiction, lack of territorial jurisdiction or ground of irregularity of procedure an order or a sentence awarded by a co....
Jurisdiction under Section 138 cannot be conferred solely by issuing statutory notices from a different location.
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