Anubhav Malik 22 August 2020

Transfer of cheque bounce case to different state

I have filed 138 u/s NI ACT in District court in Tamil Nadu.( 4 cheques , 4 Cases Total amount 6 Lacs ) . Accused lives in Delhi and case is still at Summons Stage since 2 years (He did not received summons even once) and replies "Left the address" but he/his family lives in the same address (Parental Property)

Now , Because of job, I have to shift to Chandigarh now ( It is near to Delhi ) , Can I transfer my case to Chandigarh or Delhi Court?

Some Advocates say Yes, Some say No.

If yes , Under which provision and Section ? And tell procedure and fees to transfer it I will pay.

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Quick Summary

A user has filed four cheque bounce cases under Section 138 of the NI Act in Tamil Nadu, totalling £6 lakhs. The accused resides in Delhi but has evaded summons for two years. The user is relocating to Chandigarh and seeks to transfer the cases to Chandigarh or Delhi. While transfer is possible under Article 139 of the Constitution and Section 406 CrPC, it's a lengthy process. An alternative suggested is using a private detective to serve summons via registered post or advocate commissioner.

3 Replies

{Balu manikantan} SUBRAMANYAM (Practising Advocate) 22 August 2020

Do not waste your time in trying for the case transfer. As you have lost already 2 years.

You can appoint a private detective to find where the person is.

After tracing him get the summons served through Regd Post or through an advocate commissioner.

1 Like

Dr J C Vashista (Advocate) 23 August 2020

The case(s) can be transferred by Supreme Court of India under Article 139 of the Constitution of India read with Section 406 CrPC and Order XXXIX of Supreme Court Rules 2013

P. Venu (Advocate) 23 August 2020

Yes, there are legal provisions for such transfer on sufficient causes. But certainly, the process is bound to be time-consuming and could be counter-productive as the accused is avoiding summons.