Anuradha Solanki v. Shri Durga Embriodery and Ors.
Case brief
What is this about?
This order directs the transfer of two pending Section 138 NI Act complaints from Tis Hazari Courts to South West District Dwarka Courts due to lack of territorial jurisdiction, as the complainant's bank was located outside the former court's limits.
What did the court decide?
Complaints CC Nos. 10256/2018 and 10257/2018 transferred to Court of South West District, Dwarka Courts, Delhi on 01.04.2024.
What the court decided
$~86 and 87
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- 86 + TR.P.(CRL.) 13/2024 ANURADHA SOLANKI ..... Petitioner Through: None. versus
- SHRI DURGA EMBRIODERY AND ORS. ..... Respondents Through: None.
- 87 + TR.P.(CRL.) 14/2024 ANURADHA SOLANKI ..... Petitioner Through: None. versus
- SHRI DURGA EMBRIODERY AND ORS. ..... Respondents Through: None.
- CORAM: HON’BLE MS. JUSTICE JYOTI SINGH O R D E R
- % 16.02.2024 1. These petitions have been placed before this Court for directions, pursuant to a communication dated 09.02.2024 received from Sh. Umed Singh, Link-Officer-In-Charge, General Branch (C), District Judge (Commercial Court), Tis Hazari Courts, Delhi along with copies of complaints bearing CC Nos.10256/2018 and 10257/2018 based on an order dated 02.02.2024 passed by Sh. Narottam Kaushal, learned Principal District & Sessions Judge (Central), Delhi. 2. Perusal of the record shows that two complaints under Section 138 of
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Issues for consideration
2 issues framed by the court
Whether complaints under Section 138 NI Act filed lacking territorial jurisdiction should be transferred to the court of competent jurisdiction.
Whether the place where the cheque is dishonoured determines the court possessing territorial jurisdiction over Section 138 complaints.
Parties & counsel
- petitioner
Anuradha Solanki
- respondent
Shri Durga Embroidery and Ors.
Coram
Jyoti Singh
Case details
As recorded by the court registry
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