2020 (11) TMI 75 - HC - Indian Laws

Dishonor of Cheque - Jurisdiction to file complaint - petitioner has stated that the learned JMIC Baramulla has no jurisdiction to try the complaint as admittedly the cheque had drawn at J K Bank Branch, Nowgam Srinagar which is not situated within the jurisdiction of JMIC Baramulla - HELD THAT - As per Sub-section 1 of Section 142-A of the Act as amended by Negotiable Instruments (Amendment) Ordinance, 2015, all the complaints those were pending in courts other than the courts having territorial jurisdiction as per the amended section 142 of Negotiable Instruments Act, stood automatically transferred to the court having territorial jurisdiction as provided under amended section 142 of Negotiable Instruments Act - Thereafter, the Parliament amended the Negotiable Instruments Act, 1881 and section 142-A was incorporated and it validated the transfer of the cases, transferred pursuant to the Negotiable Instruments (Amendment) Ordinance, 2015. The challenge thrown to the issue of process by JMIC Baramulla on the ground of territorial jurisdiction has lost its relevance, as by operation of law, the complaint that is the subject matter of the present controversy stood automatically transferred to the court of Chief Judicial Magistrate, Sopore w.e.f. 15.06.2015, as the J K Bank Agro High-tech, Sopore, where the respondent has maintained his account is situated within the territorial limits of Chief Judicial Magistrate, Sopore. The other contention raised by the petitioner that the complaint has been filed by the respondent by concealing the compromise agreement, is the disputed question of fact that cannot be adjudicated under section 561-A Cr.P.C.The contention of the petitioner for transferring the case to the court at Srinagar also deserves to be rejected as there is nothing on record to demonstrate that the petitioner is unable to appear in any court other than the Srinagar - this petition is disposed of with the direction to JMIC Baramulla to transmit the record of the complaint, titled, Noor Mohammad Gujree vs. Nayeem Ahmad Khuroo to the court of Chief Judicial Magistrate, Sopore.

Summary

Issues:
Petition for quashing of complaint under Section 138 of the Negotiable Instruments Act, 1881 due to lack of jurisdiction and concealment of compromise agreement. Prayer for transferring the case to a court of competent jurisdiction at Srinagar.

Analysis:
The petitioner sought to quash a complaint pending before the Judicial Magistrate 1st Class (JMIC), Baramulla, and the order for the commission of an offense under Section 138 of the Negotiable Instruments Act, 1881. The petitioner argued that the JMIC Baramulla lacked jurisdiction as the cheque in question was drawn at a J&K Bank Branch in Srinagar. Additionally, the petitioner claimed that a compromise agreement existed between the parties, which was not disclosed by the respondent. The petitioner also cited health reasons for being unable to attend court proceedings in Baramulla.

The respondent contended that under the amended provisions of the Act, the complaint could be filed where the payee maintains the account. It was revealed that the respondent maintained an account at J&K Bank Agro High-tech, Sopore, supporting the jurisdiction of the court in Baramulla. The respondent argued against the petitioner's claim of illness, stating lack of evidence to support it.

The court considered the amended section 142 of the Negotiable Instruments Act, introduced through the Negotiable Instruments (Amendment) Ordinance, 2015. The amended section specified the jurisdiction for trying offenses under Section 138 based on the location of the bank where the payee maintains the account. Subsequently, all cases not falling within the amended jurisdiction were to be transferred to the appropriate court.

The court found that by operation of law, the complaint had been automatically transferred to the Chief Judicial Magistrate, Sopore, as per the amended section 142. The jurisdictional challenge raised by the petitioner was deemed irrelevant due to the transfer of the case. The court also dismissed the petitioner's claim regarding the concealment of the compromise agreement, stating it was a disputed question of fact not suitable for adjudication under the Cr.P.C. The request to transfer the case to Srinagar was rejected due to lack of evidence supporting the petitioner's inability to appear in any court other than Srinagar.

Consequently, the court directed the JMIC Baramulla to transmit the complaint record to the Chief Judicial Magistrate, Sopore, and ordered the parties to appear before the latter on a specified date. The registry was instructed to inform both courts for compliance.

This detailed analysis highlights the key arguments, legal provisions, and the court's decision regarding jurisdiction, transfer of cases, and the petitioner's claims, providing a comprehensive understanding of the judgment.