after amendment of negotiable instruments act 2015, what is the procedure of transfer of section 138 case from court of one state to court of another state and what is the time limit set to courts to transfer the case
ADVOCATE HIGH COURT-criminal /civil -email@example.com
The conerned JMFC has no power to transfer the cheque complaint , this is locuna in the law.
However now the procedure being followed all over India is that the court where you have filed the case will return the case file to you and you have to refile it within thirty days before the court which has jurisdiction as per the ordinance which has now become law since passed by rajyasabha..
The court may return the case file to your either on your application or on its own motion there is no time limit for that. Once the file is returned to you than thereafter you have to refile the complaint within thirty days of its return.