Ni act 08/10/2015
kaya
(Querist) 08 October 2015
This query is : Resolved
Respected members,
My case 138 cheque bounce case filed at Karnataka state in the year 2012
Various hearing going on. I requested as per supreme court order to transfer to Chennai Tamil nadu, it was not transfered. Now as per ordiance act the same case with out tranfering from original court at Karnataka can run. Or only ordiance no 2 applicable for transfered cases.
SAINATH DEVALLA
(Expert) 08 October 2015
What is the present stage of the case?
kaya
(Querist) 09 October 2015
Call on like that status updated in online
P. Venu
(Expert) 09 October 2015
Information furnished is insufficient. Why the case was filed in Karnataka? Why you want to transfer it to Tamil Nadu?
Guest
(Expert) 09 October 2015
The Sec 138 Cases which had reached the Level of Recording of evidences will Not be transferred and would Continue in the Same Courts.Confirm with your advocate.
kaya
(Querist) 09 October 2015
Cheque issued at Chennai bank for security purpose on going purchase of vegetable products. Status of the case complaint filed at Bangalore as the complaint bank in Bangalore. After filling the cheque summon issued,attended at blore court. Still hearing only going on. Evidence recording stage not reached. Until now call on. After supreme court judgement ,our advocate asked to transfer based on sc judgement. Since from sep 2014 it was not transfered but my advocate appearing.Now again 04/11/15 next hearing ..There fore I need opinion from valuable members
those eligible for trasfered cases as per sc judgement if it not transfered ,even after our prayer and pending in original court at complaint any jurisdiction.As per ordiance 2 can continue in same complainant court. Or only transfered cases to cheuqe issuer court are eligible. I hope I provided all details. FYI other court at Karnataka transfered in the same stage cases to Chennai after few hearing asper ordiance no 1 it was back to complainant court. Now in this case even after producing sc judgement and further clarification provided by advocate tillvdate not transfered. There fore I discussed advocate, hevtold me we can wait until 4/11/2015. If members providing suggestion .I can convey the same to court through my lawyer. Thanks.
Rajendra K Goyal
(Expert) 09 October 2015
You have posted 6-7 queries on the matter, please post any subsequent question on same dispute in same thread.
Anirudh
(Expert) 09 October 2015
The Supreme Court Judgment is not valid any more. This because, the Government has issued an Ordinance to over come the decision of the Supreme Court.
Now, as per the Govt. Ordinance, the complaint is to be filed only at the place where the cheque was presented and bounced. Therefore in this case it was at Bangalore.
Your case will not be transferred to Tamilnadu - whether or not the recording of evidence stage has passed or not.
kaya
(Querist) 09 October 2015
Thank u Mr anirudh sir, ordiance override of all it is correct sir .my doubt prior to ordiance no 1 and no 2, sc judgement applicable on prevailing on date before ordiance. But magistrate court not transfered even after submission of sc judgement and Chennai high court judgement for ni act cases from Bangalore to Chennai. On that date of 3 August 2014 to 14 the June court at Bangalore not transfered. It is against law or not. Court itself overlook sc order is it correct fact.
Anirudh
(Expert) 09 October 2015
What has already happened - that Magistrate did not agree to transfer your case - is immaterial now. There is no point in discussing the same. Even if he had transferred it, the complainant can once again ask for its transfer back to Bangalore and get the same transferred as per the law.
kaya
(Querist) 09 October 2015
Ok thank u sir ..
