Territorial jurisdiction for cheque dishonour complaints shifted after amendment, requiring transfer to the court with proper jurisdiction.

The 2015 amendment to the Negotiable Instruments Act shifted territorial jurisdiction for Section 138 complaints to the court where the payee's bank account branch is situated and where the cheque is delivered for collection. The earlier rule linking jurisdiction to the place of dishonour no longer applied after the amendment. A complaint pending before a court lacking jurisdiction under the amended scheme was treated as suffering from a jurisdictional defect and was required to be transferred to the competent court.

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Issues: Whether, after the 2015 amendment to the Negotiable Instruments Act, a complaint under Section 138 could continue in the court where the drawer's bank was situated, and whether the complaint case deserved transfer to the court having jurisdiction at the place where the payee maintained the account.

Analysis: The amendment to Section 142 of the Negotiable Instruments Act changed the rule of territorial jurisdiction for offences under Section 138. The jurisdiction now depends on the location of the payee's account branch where the cheque is delivered for collection, and the earlier rule linking jurisdiction to the place of dishonour was no longer applicable after the amendment. The legal position was treated as having displaced the earlier contrary rule, and the complaint then pending at Jaunpur was found to suffer from a jurisdictional defect.

Conclusion: The complaint case could not be continued at Jaunpur and was liable to be transferred to the competent court at Banda.

Final Conclusion: The transfer application was allowed because the complaint under Section 138 was required to be tried by the court having territorial jurisdiction under the amended law.

Ratio Decidendi: After the 2015 amendment, territorial jurisdiction for an offence under Section 138 of the Negotiable Instruments Act lies with the court specified by Section 142(2), and a complaint filed or pending before a court lacking such jurisdiction is liable to be transferred.

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