Regarding ni act case transfer

Amar (Querist) 16 December 2014 This query is : Resolved
Dear Sir,
Please clear our following query.

we lodged a case under 138 NI Act. Accused are appear and take bail give plea in court. After plea court give order to us file the evidence on affidavit and we filed evidence
on affidavit dated 05/07/2014.
But after supreme court judgement dashrath rup shing our court had transfer our case.

judgement of gujrat high court dated 01/12/2014 is so confusing regarding 145(2).

after plea our evidence filed on dated 05/07/2014
what stage is my case.
what can i do in this case.

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Devajyoti Barman (Expert) 16 December 2014
Without seeing the order of court, it is difficult to advise.

Amar (Querist) 16 December 2014
which order Sir

ajay sethi (Expert) 16 December 2014
since court has passed orders for transfer of case you have to comply with orders passed by court .

Devajyoti Barman (Expert) 16 December 2014
Challenge the order of transfer. SInce evidence was started in your case, it can not be transferred anymore. File revision in high court against the transfer order.

Rajendra K Goyal (Expert) 17 December 2014
Order of transfer need to be referred, consult your lawyer.

Amar (Querist) 17 December 2014
Dear Barman Sir,

Gujrat High Court judgement dated 01/12/2014:-
When the Supreme Court says the “recording of evidence has commenced as envisaged in Section 145(2)” only means that the cross examination has actually begun. If the complainant is yet to step in the box for the purpose of cross-examination by the accused then those cases according to me are covered by the judgment of the Supreme Court. To put it in other words such type of cases should be transferred. I do appreciate that if I have to consider only the interpretation of the words “proceedings have gone to the stage of section 145(2) or beyond” then probably the learned counsel appearing for the complainant may be right, but at the same time I should not ignore the first part of para-22 which makes it very clear that the recording of evidence should have actually commenced as envisaged in section 145(2). There is a fine distinction between the term “has commenced” and “have gone to the stage of section 145(2)”. But for the words “the recording of evidence has commenced” I would have probably disagreed with the learned Magistrate.
I am of the view that the learned Magistrate is right inreturning the complaints to the complainant for being filed/refilled before the competent court having jurisdiction totry the offence.

Please advise what can I do?
What is the stage of my case?

V R SHROFF (Expert) 17 December 2014
AT PAR JUDGEMENT OF RAMANBHAI IS STAYED

evidence means cross examination of complaint..

TO FOLLOW ORDER TO TRF AT ACCUSED BANK JURI

Amar (Querist) 18 December 2014
Dear Shroff sir,

MM IS NOT INTERTEN RAMANBHAI CASE.
evidence means cross examination of complaint..

THEN MY EVIDENCE FILED DATED 05/07/2014 BEFORE SUPREME COURT JUDGEMENT.

WHY MY CASE TRANSFER TO ACCUSED BANK JURISDICTION.