2022 (3) TMI 686

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....titioner has filed this present petition under Section 407 of the Code of Criminal Procedure, 1973 (hereinafter referred to 'Cr. P.C.') seeking transfer of complaint case bearing CC no. 433/2021 titled as 'Ramesh Kumar Uppal vs. Matra Chayya Exports & Ors' under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to 'NI Act'). The transfer of the said complaint case has been ....

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....to which a false and frivolous reply was sent on 07.10.2020 with a view to avoid the liability by the respondent. 3. The petitioner filed a complaint case bearing no. 433/2021 on 09.11.2020 in West District at Tis Hazari Courts, Delhi. On 27.11.2021 at the precognizance stage, it was observed by the trial court that it did not have the jurisdiction to try the complaint case as the 'payee bank' ....

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....s reproduced hereunder:. "(2) The offence under section 138 shall be inquired into and tried only by a court within whose local jurisdiction,- (a) if the cheque is delivered for collection through an account, the branch of the bank where the payee or holder in due course, as the case may be, maintains the account, is situated; or (b) if the cheque is presented for paymen....

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.... situated at Rohini Courts Complex, New Delhi. 7. Apparently, the Court of the learned Metropolitan Magistrate in West District does not have the jurisdiction to try the complaint in question, which was filed due to bona fide belief in a District Court, which has no jurisdiction. 8. In view of the above, it is hereby ordered that criminal complaint bearing CC No. 433/2021 tilted 'Ramesh Kuma....