N i act with regard to jurisdiction
Ravichandran
(Querist) 12 October 2015
This query is : Resolved
Complaint filed 138 case on 2013 based on his residence, it is in argument stage, as per present ordinance the case has to be tried only on complainant bank jurisdiction in this case complainant bank falls on other part of Chennai and accused bank jurisdiction in Kerala where us the present trial court magistrate says since trial commenced the case cannot transferred. Please clarify
SAINATH DEVALLA
(Expert) 12 October 2015
“142A. Validation for transfer of pending cases-(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 or any judgement, decree, order or directions of any court, all cases arising out of section 138 which were pending in any Court, Whether filed before it, or transferred to it, before the commencement of the Negotiable Instruments ( Amendment) Ordinance, 2015, shall be transferred to the Court having Jurisdiction under Sub-Section (2) of Section 142 as if that Sub-section 142 as if that sub-section had been in force at all material times”
(Amendment of section 142) Explanation- For the purpose of clause(a) where a cheque is delivered for collection at any branch of the bank of the payee or holder in due course, then the cheque shall be deemed to have been delivered to the branch of the bank in which the payee or holder in due course, as the case may be, maintains the account”
Rajendra K Goyal
(Expert) 13 October 2015
The case is in argument stage, court is right.
Ravichandran
(Querist) 13 October 2015
Thank you all but to my knowledge the ordinance is clear any stage of case to be tried in complainant jurisdiction.
