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2017 Supreme(Del) 164

VIPIN SANGHI
GOYAL MG GASES PVT LIMITED – Appellant
Versus
IND SYNERGY LIMITED – Respondent


Advocates Appeared:
For the Petitioners: Mr. Pramod Kumar Dubey, Mr. Rohit Priya Ranjan, Ms. Megha and Mr. Anurag Andley.
For the Respondents: Mr. Vikas Pahwa with Mr. Siddharth Agarwal, Mr. S. Santanam Swaminadhan, Mr. Rahul Sharma, Ms. Nishtha Khurana, Mr. Sanjay Shukla and Ms. Kinnori Ghosh.

JUDGMENT :

VIPIN SANGHI, J.

1. These 30 petitions have been preferred by the petitioner/complainant under Section 407 Cr.P.C. read with Section 482 Cr.P.C. and Article 227 of the Constitution of India to, firstly, seek quashing of the common order dated 02.06.2016 passed by the learned MM (N.I. Act)-01, South-East, Saket, in the 30 complaints filed by the petitioner/complainant against the respondents under Section 138 of the Negotiable Instruments Act.

2. By the common impugned order dated 02.06.2016, the applications filed by the petitioner/complainant for transfer of the said 30 complaints have been dismissed on the premise that the said complaints stood returned by the learned M.M. on 30.08.2014 with direction to re-file the same in the Court having territorial jurisdiction in pursuance of the judgment of the Supreme Court dated 01.08.2014 in Dashrath Rupsingh Rathod vs. State of Maharashtra & Another, (2014) 9 SCC 129 and thus, the Court of the learned Magistrate had become functus officio. The learned Magistrate held that Negotiable Instruments (Amendment) Act, 2015 is applicable only in respect of pending cases, and the said 30 complaint cases of the complainant were no longer


























































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