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In prosecutions for cheque dishonour under s.138 NI Act, the Court held that transfer of proceedings under s.446 BNSS should be assessed primarily on comparative convenience and hardship to the parties and witnesses, since the offence is quasi-criminal, essentially individual-centric and compoundable, and does not implicate broader societal interests. Where the complainant bank sought to create territorial jurisdiction by presenting cheques at a distant branch, that convenience could not outweigh undue prejudice to the accused, especially given the bank's nationwide presence, the transaction and witnesses being centered elsewhere, and related proceedings pending before DRT/HC. The cases were directed to be tried at Hyderabad (CMM) and the issue was referred for consideration by a larger bench. - SC
In prosecutions for cheque dishonour under s.138 NI Act, the Court held that transfer of proceedings under s.446 BNSS should be assessed primarily on comparative convenience and hardship to the parties and witnesses, since the offence is quasi-criminal, essentially individual-centric and compoundable, and does not implicate broader societal interests. Where the complainant bank sought to create territorial jurisdiction by presenting cheques at a distant branch, that convenience could not outweigh undue prejudice to the accused, especially given the bank's nationwide presence, the transaction and witnesses being centered elsewhere, and related proceedings pending before DRT/HC. The cases were directed to be tried at Hyderabad (CMM) and the issue was referred for consideration by a larger bench. - SC
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