ORAL ORDER

[1.0] By way of present petition under Section 482 read with Section 407 of the Code of Criminal Procedure, 1973 (for short “CrPC”) requesting to transfer Criminal Case No.2494/2018 filed by respondent No.2 under Section 138 of the Negotiable Instruments Act, 1881 against the petitioner from the Court of learned JMFC, Godhra to the special Court designated under the Gujarat Protection of Depositors’ Interest (In Financial Establishments) Act, 2003 (for short “GPID Act”).

[2.0] Heard learned advocate for the petitioner and learned APP for respondent No.1 – State of Gujarat.

[3.0] It is the case of the petitioner that the petitioner was the Director of Shagun Build Square Ltd. against whom I-CR No.3 of 2017 came to be registered by the CBI Crime Gandhinagar Zone Police Station, Gandhinagar for the offences punishable under Sections 120(B), 406, 409, 420, 467, 468, 471 and 474 of the Indian Penal Code, 1860 (for short “IPC”) and sections 3, 4, 5 and 6 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978 and section 3 of the Gujarat Protection of Depositors’ Interest (In Financial Establishments) Act, 2003 (for short “GPID Act”). Pursuant to the said offence, charge-sheet is filed which is pending before the court designated under the GPID Act which culminated into Criminal Case No.63 of 2021. Meanwhile, Criminal Case No.2494/2018 and other complaints being Criminal Complaint Nos.2493/2018, 2495/2018, 2496/2018, 2497/2018 and 2498/2018 came to be filed under Section 138 of the NI Act qua dishonor of cheques in the Court of learned JMFC, Godhra on 28.09.2018, after invocation of the proceedings under the GPID Act in January, 2018. The petitioner filed an application Exh.25 which came to be dismissed by the learned JMFC, Godhra.

[4.0] Learned advocate for the petitioner has submitted that as the proceeding under Section 138 of the NI Act is subsequently filed after initiation of proceedings under Section 9 of the GPID Act, only designated Court has jurisdiction and no other court has the jurisdiction to try any case under Section 9(2) of the GPID Act. Further, he has relied on section 9(3) of the GPID Act and submitted that as per the provision of section 9(3), any other proceeding or case pending before any Court or authority in relation to money, property or assets of the financial establishments stands transferred to the respective designated Court. In view of the above, he has requested to transfer the proceeding of Criminal Case No.2494/2018 pending before the learned JMFC, Godhra to the District Court designated under the GPID Act in exercise of powers under Section 407(3) of the CrPC. In support of his submission, he has relied on the decision of the coordinate Bench of this Court in the case of Geetaben Manishkumar Shah vs. State of Gujarat and requested to allow the present petition.

[5.0] Per contra, learned APP has vehemently opposed the present petition and submitted that no proceeding is initiated by the complainant under the GPID Act. The proceedings under Section 138 of the NI Act are different and independent and hence, question to transfer the criminal case arising out of dishonor of cheque to the court designated under the GPID Act does not arise. Hence, she has requested to dismiss the present petition.

[6.0] At the outset, it is worth to mention that complaint under Section 138 of the NI Act was filed by one Umedsinh Prabhatsinh Chauhan against the present petitioner – accused – Shagun Build Square Ltd. and other accused on 24.08.2018. Perusing the averments made in the complaint, accused – company has received booking amount and issued receipt for the same and to repay the said amount, issued six different cheques dated 17.05.2018 each of Rs.2 lakh to the complainant i.e. after filing of the offence under the GPID Act. Then the said cheques dated 17.05.2018 got dishonored on 28.06.2018 and notice came to be issued on 21.07.2018. Then, the complaint came to be filed. No reply to the notice i