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SURYA KANT, JOYMALYA BAGCHI
Golla Naraesh Kumar Yadav etc. – Appellant
Versus
Kotak Mahindra Bank – Respondent
| Table of Content |
|---|
| 1. background of the case involving a bank and borrower. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments for and against case transfer. (Para 6 , 7) |
| 3. interpretation of section 142 of the ni act. (Para 8 , 9 , 10) |
| 4. amendments and their impact on jurisdiction. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 5. relative hardship analysis for transferring proceedings. (Para 18) |
| 6. factors affecting transfer of case examined. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 7. final direction based on observations. (Para 27) |
ORDER :
1. The transfer petition depicts a David versus Goliath battle between a gargantuan bank having its branches spread throughout the country and a small-time borrower carrying on business in Adoni, District Kurnool, Andhra Pradesh.
FACTUAL MATRIX
2. Petitioner No. 1, Golla Naraesh Kr. Yadav, is proprietor of M/s Hari Cotton Traders and its sister concern, M/s Hari Cotton Ginning Pressing Factory. In 2021-2022, both firms obtained overdraft and loan facilities to the tune of Rs. 3 crores and Rs. 7 crores, respectively, from the respondent Bank through its branch at Adoni. Petitioners stood as guarantors and issued cheques in favour of the respondent Bank. In the course o
Transfer of proceedings under Section 138 of the N.I. Act should consider the relative convenience of parties, especially in cases where there is a significant disparity in their socio-economic statu....
Jurisdiction for complaints under Section 138 of the N.I. Act lies where the cheque is presented for collection; mere inconvenience does not justify transfer under Section 406 Cr.P.C.
Transfer petitions dismissed for lack of grounds, reaffirming jurisdiction based on statutory provisions of local bank branch presentation and emphasizing that convenience does not outweigh establish....
The court upheld the jurisdiction of the trial court for cases under Section 138, rejecting transfer petitions based solely on claims of inconvenience.
(1) Dishonour of cheque – Jurisdiction to try complaint filed under Section 138 in respect of cheque delivered for collection through an account payee cheque, is vested in court within whose local ju....
Transfer of cases under Section 407 should only occur in exceptional circumstances where a fair trial is jeopardized, focusing on the totality of convenience for justice rather than mere preference o....
Transfer of case – Offence of dishonour of cheque – Power of Supreme Court to transfer pending criminal proceedings under Section 406 Cr.P.C. does not stand abrogated thereby in respect of offences u....
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