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TMI Blog2020 (11) TMI 75X X X X Extracts X X X X X X X X Extracts X X X X ..... isdiction 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 ter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in the petition that in the complaint filed by the respondent, it has been alleged that the petitioner has borrowed a sum of ₹ 10,50,000/- as loan from the respondent and in order to liquidate the said loan, a cheque bearing No. 486084 dated 25.04.2013 for an amount of ₹ 5,00,000/- has been issued in favour of the respondent by the petitioner and the said cheque on presentation to the bank has been dis-honoured with memo having remarks exceeds arrangements‟. The petitioner has further 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. It is further stated t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nk Agro High-tech, Sopore. The complaint was filed on 11.06.2013 before JMIC Baramulla. The present petition was filed on 11.11.2014 and the proceedings were stayed by this Court on 18.11.2014. 6. During the pendency of the instant petition, the Negotiable Instruments (Amendment) Ordinance, 2015 was promulgated on 15.06.2015 by virtue of which section 142 of the Negotiable Instruments Act was amended and sub-section 2 was inserted after sub-section 1 of section 142 of the Act and also section 142-A was inserted after the section 142 of the Negotiable Instruments Act, 1881. It is relevant to reproduce sub-section 2 of section 142 of the Act as amended by Negotiable Instruments (Amendment) Ordinance, 2015: (2) The offence under sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 9. 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 p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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