Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 142(2)(a) Transfer of criminal cases ss.138 Cr.P.C Negotiable Instruments Act s.406 1881 Power of Supreme Court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Negotiable Instruments Act, 1881 (26 of 1881) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Transfer Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Negotiable Instruments Act, 1881 – ss. 138, 142(1) – Code of Criminal Procedure, 1973 – s.406 – Transfer of criminal cases – Power of Supreme Court – Held: Notwithstanding the non-obstante clause in s.142(1), the power of Supreme Court to transfer criminal cases u/s.406, Cr.P.C. remains intact in relation to offences u/s.138, if it is found expedient for the ends of justice – In the present case, as the six complaint cases filed by the respondent (four before the Dwarka Courts at New Delhi and two before the Courts at Nagpur, Maharashtra) pertain to the same transaction, it would be advisable to have a common adjudication to obviate the possibility of contradictory findings being rendered in connection therewith by different Courts – Cases pending before the Courts at Nagpur, Maharashtra transferred to the Dwarka Courts at New Delhi – Negotiable Instruments (Amendment) Act, 2015 – ss. 142(2), 142-A. Negotiable Instruments Act, 1881 – ss. 138, 142(2)(a) – Held: s. 142(2)(a) vests jurisdiction for initiating proceedings for an offence u/s. 138 in the Court where the cheque is delivered for collection, i.e., through an account in the branch of the bank where the payee or holder in due course maintains an account – Negotiable Instruments (Amendment) Act, 2015. Words & Phrases – Negotiable Instruments Act, 1881 – s. 142(2) – ‘shall be inquired into and tried only by a Court within whose local jurisdiction……’ – Discussed. |
Judge | Hon'ble Mr. Justice Sanjay Kumar |
Neutral Citation | 2023 INSC 150 |
Petitioner | Yogesh Upadhyay And Anr. |
Respondent | Atlanta Limited |
SCR | [2023] 2 S.C.R. 511 |
Judgement Date | 2023-02-21 |
Case Number | 526 |
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