The Delhi High Court transferred a cheque dishonour complaint from the Central District to the North District due to a lack of territorial jurisdiction, noting that the complainant's bank branch was located in the North District.
The complaint case CC No. 845/2024 was transferred to North District, Rohini Courts, Delhi.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~88
RITESH MANRAL ..... Petitioner Through: Mr. Akash Mishra, Advocate.
versus
ROHAN SINGH ..... Respondent Through: None.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R
% 16.02.2024
“This is a complaint case received from the court of Ms. Katyayini Sharma Kandwal, MM-03, NX Act, Central, Tis Hazari Courts, Delhi through learned Chief Metropolitan Magistrate, Central, Tis Hazari Courts, Delhi vide order dated 01.02.2024 with an observation that the territorial jurisdiction to try the present case vests in North District of Delhi, which is not under the jurisdiction of that court.
It is informed that North District falls within the jurisdiction of learned Principal District & Sessions Judge, North District, Rohini Courts, Delhi. Since, this Court does not have power under Section 408 CrPC to transfer case from one district to other, let the present matter be placed before the Hon'ble High Court of Delhi, New Delhi for appropriate orders. Parties are directed to appear before the Registrar General, Hon'ble High Court of Delhi, New Delhi on 12.02.2024.
TR.P.(CRL.) 15/2024 Page 1 of 3
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 07/03/2024 at 11:38:33
Ahlmad of the transferor court is directed to send the file to the Registrar General, Hon'ble High Court of Delhi, New Delhi immediately.”
TR.P.(CRL.) 15/2024 Page 2 of 3
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 07/03/2024 at 11:38:33
JYOTI SINGH, J
FEBRUARY 16, 2024/shivam
TR.P.(CRL.) 15/2024 Page 3 of 3
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 07/03/2024 at 11:38:33
2 issues framed by the court
Whether a complaint under Section 138 of the Negotiable Instruments Act filed in a district lacking territorial jurisdiction can be transferred to the correct district.
Whether the High Court has the authority to order the transfer of a case from one district to another given restrictions under Section 408 CrPC.
3 provisions across 2 enactments
Ritesh Manral
Rohan Singh
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
