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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 ..... nstruments Act, 1881. In the alternative, prayer has also been made for transferring the case to any other court of competent jurisdiction at Srinagar. 2. It is averred in the petition that in the complaint filed by the respondent, it has been alleged that the petitioner has borrowed a sum of Rs. 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 Rs. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting the same en-cashed from the concerned bank but the same was dishonored. So it is evident that the respondent was maintaining his account with J&K Bank 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sub-section (2) of section 142 as if that sub-section had been in force at all material times." 8. So by virtue of this Ordinance, 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 gr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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