ORDER :

1. Instant misc. petition under Section 482 Cr.P.C. has been filed by the petitioner against the order dated 17.09.2022 passed by learned Additional Sessions Judge No.2, Chittorgarh whereby, the learned Additional Sessions Judge upheld the order dated 04.10.2021 passed by Special Judicial Magistrate (NI Act Cases) by which learned Magistrate took cognizance under Section 138 of N.I. Act against the petitioner so also the administrative order dated 22.04.2022 passed by District and Sessions Judge, Chittorgarh transferring the complaint case to the court of Additional Chief Judicial Magistrate No.2, Chittorgarh.

2. Brief facts of the case are that the complainant/respondent no.2 filed a criminal complaint on 04.01.2021 against the petitioner for offence under Section 138 of N.I. Act before the learned Special Judge (N.I. Act Cases), Chittorgarh stating therein that since the petitioner was in dire need of money, the complainant extended a loan of Rs. 5,00,000/-and in lieu of repayment of loan, the petitioner gave a cheque in the sum of Rs. 5,00,000/-dated 25.12.2020 drawn on State Bank of India Branch, Chittorgarh. It was alleged that when the complainant presented the said cheque for realization, the same was dishonoured with the remark "insufficient funds". Thereafter, the complainant gave a legal notice on 11.03.2021 and after stipulated period of 30 days, the complainant presented the complaint before the learned Special Judge, (NI Act Cases), Chittorgarh.

3. The Special Judge (N.I. Act Cases), Chittorgarh took cognizance on 04.10.2021 for offence under Section 138 N.I. Act and directed issue of summons to the petitioner. During pendency of the service of summons, the learned District Judge vide order dated 22.04.2022 transferred the complaint from court of Special Judge (N.I. Act Cases), Chittorgarh to the court of Additional Chief Judicial Magistrate, Chittorgarh who thereafter issued warrant of arrest against the petitioner.

4. The petitioner challenged the said order before the court of District and Sessions Judge, Chittorgarh by way of revision petition, which was transferred to the court of Additional District and Sessions Judge No.2, Chittorgarh. Learned Additional District and Sessions Judge No.2, Chittorgarh vide order dated 17.09.2022 dismissed the revision petition on the ground that District and Sessions Judge got the powers under Section 408 Cr.P.C. to transfer the complaint from the court of Special Judge (NI Act Cases), Chittorgarh to the court of Additional Chief Judicial Magsitrate, Chittorgarh.

5. Counsel for the petitioner argued that impugned order dated 17.09.2022 passed by the learned Additional Sessions Judge so also the action of the learned District Judge transferring the complaint from the court of Special Judge (NI Act Cases), Chittorgarh to the court of Additional Chief Judicial Magistrate No.2, Chittorgarh vide order dated 22.04.2022 are against the mandatory provisions of Section 142 (2) and 142A of the N.I. Act as the transferee Court was not having the jurisdiction or legal right to issue arrest warrant and try the case. It is argued that the finding of the learned Additional Sessions Judge is also erroneous that the District Judge has got powers under Section 408 Cr.P.C. to transfer the complaint from Special Judge (NI Act Cases), Chittorgarh to the court of ACJM No.2, Chittorgarh. According to counsel for the petitioner, as per Section 142A, by way of Cr.P.C provisions or any judgment, decree, order or direction of any court, complaint case cannot be transferred to any other Court not having the jurisdiction to try the case. It is further argued that the order dated 22.04.2022 is also a very cryptic order without assigning any reason for transfer of case from Special Judge (NI Act Cases), Chittorgarh to the court of ACJM No.2, Chittorgarh. Learned counsel relied upon decision of Hon’ble Courts in the case of M/s. Bridgestone India Pvt. Ltd. v. Inderpal singh 2016(1) Civil Court Cases 341