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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MANISH CHOUDHURY
Md Fayzal Hoque, S/o Md. Jalim Uddin – Appellant
Versus
Abdul Gofur Mondal, S/o Jalal Uddin Mondal – Respondent
| Table of Content |
|---|
| 1. transfer petition under bnss and n.i. act (Para 2 , 3) |
| 2. merit of petition is evaluated regarding trial location (Para 4 , 11) |
| 3. jurisdiction based on cheque's location and parties' residential addresses (Para 5 , 6 , 9) |
| 4. final ruling of dismissal (Para 12 , 13) |
JUDGMENT :
MANISH CHOUDHURY, J.
Heard Mr. D. Dey, learned counsel for the petitioner.
2. The petitioner has filed the instant transfer petition under Section 447 , Bharatiya Nagarik Suraksha Sanhita [ BNSS ], 2023 seeking transfer of the C proceedings of a complaint case, C.R.[N.I.] Case no. 5316 /2022 from the Court of learned Judicial Magistrate, First Class, Kamrup [M] at Guwahati to the Court of learned Chief Judicial Magistrate, Barpeta at Barpeta.
3. The complaint case, C.R.[N.I.] Case no. 5316 /2022 has been instituted by the respondent herein as the complainant under Section 138 read with Section 142 of the Negotiable Instrument Act, 1881, as amended, [‘the N.I. Act’, for short] stating inter alia that a cheque bearing no. 000036 dated 10.04.2022 drawn for an amount of Rs. 2,00,000/- by the petitioner from a bank account maintained by him at Ganeshguri Branch of HDFC Bank stood dishonoured on its p
The jurisdiction for cases under the Negotiable Instrument Act is determined by where the cheque is presented for collection, affirming that local jurisdiction is based on the location of witnesses a....
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.
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.
Natural jurisdiction in cheque-bouncing cases is determined by the location where the cheque is presented, and mere inconvenience does not justify transfer.
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.
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