ASHWANI KUMAR SINGH
National Spot Exchange Limited – Appellant
Versus
State of Bihar through the Law Secretary, Department of Law, Govt. of Bihar, Patna – Respondent
JUDGMENT :
Heard learned counsel for the petitioner and learned counsel for the respondents.
2. By way of the present application preferred under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for issuance of a direction for transfer of records of Complaint Case No. 228(C) of 2015 from the court of Sri P. K. Jha, Judicial Magistrate, 1st Class, Saharsa to the court at Andheri, Mumbai in the light of ordinance dated 15.06.2015 and amendment dated 29.12.2015 in the Negotiable Instruments Act, 1881 ( for short ‘NI Act’) whereby the jurisdiction of the court trying the case has been shifted to the place where the bank account of the payee of the cheque is situated.
3. Learned counsel for the petitioner submitted that respondents no. 2 to 4 used to give post dated cheques to the petitioner with instruction to deposit them as and when the amount is due as per the dates appearing on the cheques. It placed a procurement request for one rake of sugar containing 25,500/-quintals at the rate of Rs.3548/-per quintal. It placed another procurement request on 01.11.2012 for 26000 quintals of sugar at the rate of Rs.3363/-per quintal. Thereafter, the petitioner procured
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