Allowed

Sk.Zakir Hussain v. Avit Ruparnab@Sultan

Orissa HC20 Feb 2025TRPCRL/118/2024

Case brief

AI extract

What is this about?

The High Court of Orissa transferred an ICC case pending before S.D.J.M., Bhubaneswar to J.M.F.C. (City), Cuttack. The court held that justice best serves disposing of the cheque dishonour case at the court having jurisdiction over the payee's account location.

What did the court decide?

ICC Case No.278 of 2015 pending before S.D.J.M., Bhubaneswar transferred to J.M.F.C. (City), Cuttack.

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

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IN THE HIGH COURT OF ORISSA AT CUTTACK TRPCRL No.118 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.278 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.278 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.278 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 16:58:04

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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

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