Two Section 138 NI Act complaints pending at Tis Hazari were referred to the High Court after the trial court found lack of territorial jurisdiction, as the complainant's bank was in Vikas Puri (Dwarka). Relying on Dashrath Rupsingh Rathod, the court transferred both complaints to South West District, Dwarka Courts.
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$~86 and 87
Page 1 of 3
TR.P.(CRL.) 13/2024 & TR.P.(CRL.) 14/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/03/2024 at 11:28:58
the Negotiable Instruments Act, 1881 (‘NI Act’), being CC Nos. 10256/2018 and 10257/2018 were pending in the Court of Sh. Arjun Kirar, learned MM04, NI Act, Tis Hazari Courts, Delhi. Since the bank of the Complainant is situated in Vikas Puri, learned MM was of the view that the said Court did not have the territorial jurisdiction to entertain the complaints and hence directed that the matters be placed before the learned CMM for appropriate orders of transfer. On 24.01.2024, complaints were placed before the learned CMM who in turn directed the matters to be placed before the learned Principal District and Sessions Judge (HQ), Tis Hazari Courts, Delhi for appropriate orders on the same day. Cases were adjourned to 25.01.2024 as there was no appearance on behalf of the parties and finally listed on 02.02.2024. After perusing the orders of the learned MM with regard to lack of territorial jurisdiction, order was passed on 02.02.2024 to list the cases before this Court as the power to direct inter-district transfers lies with this Court under Section 407 Cr.P.C.
Page 2 of 3
TR.P.(CRL.) 13/2024 & TR.P.(CRL.) 14/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/03/2024 at 11:28:58
is restricted to the Court within whose local jurisdiction the offence was committed, which is the place where the cheque is dishonoured by the bank, on which it is drawn.
JYOTI SINGH, J
FEBRUARY 16, 2024/shivam
Page 3 of 3
TR.P.(CRL.) 13/2024 & TR.P.(CRL.) 14/2024
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/03/2024 at 11:28:58
1 issue framed by the court
Should two Section 138 NI Act complaints be transferred from Tis Hazari Courts to a court of competent territorial jurisdiction in Dwarka?
Colour shows how this judgement treated each authority
Dashrath Rupsingh Rathod v. State of Maharashtra and AnotherRelied on¶3
(2014) 9 SCC 129 · Who else cites this
3 provisions across 2 enactments
Anuradha Solanki
Shri Durga Embriodery
Jyoti Singh
As recorded by the court registry
A petition to transfer a criminal case from one court to another.
Judgements on the same questions, provisions and authorities, from every court
