Transfer of cheque dishonour complaints for convenience: one proceeding moved to Jaipur while the request to shift the other was refused.

Complaint proceedings under Section 138 of the Negotiable Instruments Act were considered for transfer to a single forum on grounds of convenience, with one complaint already pending at Jaipur and another pending at Calcutta. Without expressing any view on jurisdiction, the Court held it just and convenient that both matters be heard at the same place. The Calcutta proceeding was directed to be transferred to Jaipur, while the request to shift the Jaipur proceeding to Kolhapur was rejected.

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Issues: Whether the complaint proceedings pending in Calcutta and Jaipur were required to be transferred to one forum, and whether the prayer to shift the Jaipur proceeding to Kolhapur could be granted.

Analysis: The transfer request was considered on the basis that one complaint under Section 138 of the Negotiable Instruments Act, 1881 was instituted at Jaipur on the footing of Section 142(2)(a) of that Act, while the other proceeding was stated to arise from a loan transaction at Kolhapur. Without expressing any opinion on jurisdiction, the Court considered it just and convenient that both matters be heard at the same place, since one proceeding was already pending at Jaipur.

Conclusion: The proceeding pending at Calcutta was directed to be transferred to Jaipur, and the request to transfer the Jaipur proceeding to Kolhapur was rejected.

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