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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MANISH CHOUDHURY
Fokhoruddin Ali Ahmed S/o Late Intazuddin Ahmed – Appellant
Versus
Abu Baser Rezabul Haque S/o Late Ustom Ali Ahmed – Respondent
| Table of Content |
|---|
| 1. transfer petitions filed based on jurisdiction and complaints structure. (Para 2 , 3 , 4 , 5) |
| 2. jurisdiction and conditions for transfer under section 447 of the bnss. (Para 6 , 11 , 12) |
| 3. inconvenience isn’t sufficient for case transfer. (Para 13 , 14) |
| 4. court's discretion for using electronic means and its observations. (Para 15 , 16 , 17 , 18) |
ORDER :
1. Heard Mr. S.S.A. Rahman, learned counsel for the petitioner.
2. As both the transfer petitions, Transfer Petition [Criminal] no. 1/2026 & Transfer Petition [Criminal] no. 2/2026, are preferred on similar grounds by the same petitioner, though the respondents arraigned are different, both the criminal petitions are taken up for consideration at the motion stage itself having regard to the grounds urged for transfer of the two complaint cases, N.I.C.R. Case no. 8/2025 & N.I.C.R. Case no. 3/2025, presently pending before the Court of learned Chief Judicial Magistrate [CJM], Chirang [‘the Trial Court’, for short].
3. One Md. Kurban Ali as the complainant has instituted the complaint case, N.I.C.R. Case no. 8/2025 against the petitioner as the sole accused under Section 138 of the Negotiable Instrument Act, 1881, as am
The court upheld the jurisdiction of the trial court for cases under Section 138, rejecting transfer petitions based solely on claims of inconvenience.
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....
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.
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....
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