Allowed¶24

Sk.Zakir Hussain v. Avit Ruparnab@Sultan

Orissa HC20 Feb 2025TRPCRL/116/2024

Case brief

AI extract

What is this about?

Cheque dishonour complaint transfer; S.142A read with S.138, Negotiable Instruments Act, 1881; ICC Case No.279 of 2015; S.D.J.M., Bhubaneswar to J.M.F.C.(City), Cuttack; accused's account at Axis Bank, Chandrasekharpur Branch; Bridgestone India Pvt. Ltd v. Inderpal Singh (2015 AIR sew 6556); Rupsingh Rathor direction superseded after S.142A amendment; notice served, opposite party absent; transfer ordered, TRPCRL allowed (Orissa High Court, 20.02.2025, M.S. Raman, J.).

What did the court decide?

ICC Case No.279 of 2015 pending in the Court of the learned S.D.J.M., Bhubaneswar directed to be transferred to the Court of the learned J.M.F.C.(City), Cuttack for hearing and disposal in accordance with law; Registry instructed to communicate the order to both courts forthwith. ¶24

Sk.Zakir Hussain Vs Avit Ruparnab@Sultan — Cheque Dishonour | Orissa HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether ICC Case No.279 of 2015, filed under S.142A read with S.138 of the Negotiable Instruments Act, 1881 and pending before the learned Sub-Divisional Judicial Magistrate, Bhubaneswar, should be transferred to the Court of the learned Judicial Magistrate First Class (City), Cuttack.

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Court's answer

Interest of justice would be best served if ICC Case No.279 of 2015 pending in the Court of the learned S.D.J.M., Bhubaneswar is transferred to the Court of the learned J.M.F.C.(City), Cuttack.

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Ratio / Principle

Both the learned S.D.J.M., Bhubaneswar and the learned J.M.F.C.(City), Cuttack are to act upon the communication of this order or on production of a certified copy of this order before them, whichever is earlier.

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Detailed headnote1 paragraphs

Orissa High Court, TRPCRL No.116 of 2024, decided 20.02.2025 (Murahari Sri Raman, J.) — Transfer petition under the Negotiable Instruments Act, 1881. ICC Case No.279 of 2015 (S.142A read with S.138 NI Act), pending before the learned S.D.J.M., Bhubaneswar, sought to be transferred to the learned J.M.F.C.(City), Cuttack. Per counsel's submission (para-8 of the transfer petition, citing M/s Bridgestone India Pvt. Ltd v. Inderpal Singh, 2015 AIR sew 6556, and stating that the Rupsingh Rathor direction 'no more hold good' after addition of S.142A), the accused maintained his account at Axis Bank, Chandrasekharpur Branch at the time of filing the complaint. None appeared for the opposite party despite service of notice. Holding: interest of justice best served by transferring the case to J.M.F.C.(City), Cuttack; both courts to act upon communication of the order or certified copy, whichever is earlier; Registry to communicate forthwith. Petition disposed of as allowed.

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IN THE HIGH COURT OF ORISSA AT CUTTACK TRPCRL No.116 of 2024

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Sk. Zakir Hussain …. Petitioner

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Mr. Priya Ranjan Singh, Advocate

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-versus-

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Avit Ruparnab@ Sultan …. Opposite Party

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None

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CORAM:

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HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

Order No.

02.

ORDER 20.02.2025

This matter is taken up through Hybrid Mode.

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Mr. Priya Ranjan Singh, learned counsel for the petitioner submitted that in spite of notice being served on the opposite party, today none appeared in connection with hearing of this matter. It is submitted that both the petitioner and the opposite party reside within the Cuttack City Municipal Corporation area.

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2.1. Mr. Priya Ranjan Singh, learned counsel for the petitioner seeks permission to transfer of ICC Case No.279 of 2015 filed under Section 142A read with Section 138 of the Negotiable Instruments Act, 1881 stated to be pending before the court of learned Sub-Divisional Judicial Magistrate, Bhubaneswar to the Judicial Magistrate First Class (City), Cuttack.

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2.2. Mr. Singh, learned counsel for the petitioner referred to following contents as stated in para-8 of the transfer petition:-

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“8. That on perusal of the case record it appears that pursuant to the direction issued by the Hon'ble Apex Court of India in the case of M/s Bridgestone India Pvt. Ltd Versus Inderpal Singh reported in 2015 AIR sew 6556 held

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Page 1 of 3

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that after the amendment to the N.I. Act by way adding section 142A that the direction issued in Rupsingh Rathor case no more hold good since by way of amendment it has been held that the trial of a case u/s 138 of the N.I. Act shall only by a court within whose local jurisdiction the cheque is delivered for collection through an account the branch of the Bank where the payee or holder in due course, as the case may be maintained the account is situated”.

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2.3. It is submitted that in the instant case, at the time of filing of complaint, the accused-opposite party has maintained his account at Axis Bank, Chandrasekharpur Branch. Therefore, the complaint was filed before the court of learned S.D.J.M., Bhubaneswar who has jurisdiction over the matter. However, after amendment of the Negotiable Instrument Act and on insertion of section 142A in the N.I. Act by way of amendment, the matter can be transferred to the court of learned J.M.F.C (City), Cuttack for convenience of pursuing the matter. 3. None appeared to contest such a plea taken by the counsel for the petitioner.

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Considering the submission of learned counsel for the petitioner and this Court directs that interest of justice would be best served if ICC Case No.279 of 2015 pending in the Court of the learned S.D.J.M., Bhubaneswar is transferred to the Court of the learned J.M.F.C.(City), Cuttack.

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Accordingly, ICC Case No.279 of 2015 pending in the Court of the learned S.D.J.M., Bhubaneswar is directed to be transferred to the Court of the learned J.M.F.C. (City), Cuttack for hearing and disposal in accordance with law.

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Page 2 of 3

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Both the learned S.D.J.M., Bhubaneswar and learned J.M.F.C.(City), Cuttack are directed to act upon the communication of this order or on production of certified copy of this order before them, whichever is earlier.

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With the aforesaid order, this TRPCRL stands disposed of being allowed.

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Registry is instructed to communicate this order to the Courts of the S.D.J.M., Bhubaneswar as well as the learned J.M.F.C.(City), Cuttack forthwith.

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(M.S. Raman) Judge

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Aswini

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Signature Not Verified

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Digitally Signed Signed by: ASWINI KUMAR SETHY Designation: Personal Assistant (Secretary-in-Charge) Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 20-Feb-2025 16:58:03

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Page 3 of 3

Sk.Zakir Hussain v. Avit Ruparnab@Sultan

Case brief

What is this about?

What did the court decide?

Sk.Zakir Hussain v. Avit Ruparnab@Sultan

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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Procedural history

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