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of <h1>Transfer Petition Dismissed Over Jurisdictional Issue</h1> <h3>M/s HIMALAYA SELF FARMING GROUP & ANR. Versus M/s GOYAL FEED SUPPLIERS</h3> M/s HIMALAYA SELF FARMING GROUP & ANR. Versus M/s GOYAL FEED SUPPLIERS - TMI Issues Involved:Transfer of proceedings under Section 138 of the Negotiable Instrument Act from Agra, Uttar Pradesh to Siliguri, West Bengal.Analysis:The petitioners sought to transfer the proceedings initiated by the respondent under Section 138 of the Negotiable Instrument Act from Agra, Uttar Pradesh to Siliguri, West Bengal. The primary reasons presented were: firstly, the delivery challan stipulated that disputes would be subject to the jurisdiction of courts in Siliguri; secondly, the petitioners had previously filed a criminal complaint regarding offenses committed by the respondent; and thirdly, the respondent's Head Office was located in Siliguri, questioning the choice to file the complaint in Agra. However, the court found these reasons insufficient to warrant a transfer.Regarding the delivery challan, the court emphasized that if the petitioners believed it restricted jurisdiction to Siliguri, they should have raised this issue before the Agra Court, rather than seeking a transfer solely based on this ground. The court highlighted that the prior criminal complaint lodged by the petitioners about losses incurred due to the respondent's actions did not justify transferring the Section 138 proceedings. Additionally, the fact that the respondent's Head Office was in Siliguri did not automatically necessitate the transfer to that jurisdiction.The court referenced Section 142(2)(a) of the Negotiable Instrument Act, which establishes that the court where the bank branch maintaining the payee's account is located will have jurisdiction over the offense if the cheque is collected through that account. Consequently, the court deemed the grounds presented by the petitioners for transfer as unsustainable. Ultimately, the Transfer Petition was dismissed, and any pending applications were disposed of accordingly.
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