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2017 Supreme(All) 718

VIJAY LAKSHMI
DILSHAD BEGAM – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Santosh Kumar Mishra and C.P. Singh for the Applicant; A.G.A. for the Opposite Parties.

JUDGMENT :

1. The instant application under Section 407 Cr.P.C. has been filed with prayer to transfer the Complaint Case No. 969 of 2015 (Smt. Dilshad Begam Vs. Mohammad Zia Atahar), under Section 138 of Negotiable Instruments Act, pending in the court of Additional Chief Judicial Magistrate – I, Jaunpur, to any other court of competent jurisdiction at Banda.

2. Heard learned counsel for the applicant and learned A.G.A. Perused the record.

3. Despite due service of notice as long back as on 22.8.2016, and ample time and opportunity, the opposite party no. 2 neither appeared nor filed counter affidavit.

4. Learned counsel for the applicant has submitted that in view of the amendment in Negotiable Instrument Act in the year 2015, now the court situated at Jaunpur has no jurisdiction, hence the case be transferred to district Banda.

5. Per contra learned A.G.A. has opposed the application by contending that the court at Jaunpur has the jurisdiction to try the aforesaid complaint case.

6. Considered the rival submissions advanced by learned counsel for the parties.

7. Some relevant facts, in brief, as per the affidavit filed in support of this transfer application, are that the applicant Smt


























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