2018 (8) TMI 630

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....uments Act, 1881 on the allegations that no payments had been made by them pursuant to the notices of demand in the wake of dishonor of certain cheques which had been issued by the respondents in favour of the petitioner (complainant) towards discharge of their liability. The Metropolitan Magistrate appears to have initially taken cognizance on the said complaints and, after preliminary inquiry, issued processes against the respondents. 2. The complaints, however, were directed by order dated 24.01.2015 to be returned to the complainant in view of the directions of the Supreme Court in the decision reported as Dashrath Rupsingh Rathod Vs. State of Maharashtra and Anr., (2014) 9 SCC 129, taking note of the fact that the cheques in question ....

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.... Aggrieved by the aforementioned view taken by the Magistrate, the petitioner (complainant) has approached this court in the context of the six criminal complaint cases. 5. On notice, respondents appeared through counsel. Opportunity for reply to be filed in these matters was granted. No reply, however, has been submitted. When these matters are taken up for hearing, there is no appearance on behalf of the respondents. 6. The learned counsel for the petitioner has been heard and the record perused. 7. The second Ordinance referred to above has since been replaced by the amendment of law by the legislature by enactment of the Negotiable Instruments (Amendment) Act, 2015 whereby sub-section (2) was inserted to Section 142, the existing cla....

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.... under this Act, as if that sub-section had been in force at all material times. (2). Notwithstanding anything contained in sub-section (2) of section 142 or sub-section (1), where the payee or the holder in due course, as the case may be, has filed a complaint against the drawer of a cheque in the court having jurisdiction under sub-section (2) of section 142 or the case has been transferred to that court under subsection (1) and such complaint is pending in that court, all subsequent complaints arising out of section 138 against the same drawer shall be filed before the same court irrespective of whether those cheques were delivered for collection or presented for payment within the territorial jurisdiction of that court. (3). If, on th....