Ameensab S/O. Dongrisab Nagaral vs Bandenamaz S/O. Usmansab Dandin

Vijaykumar A.Patil, J

This petition is filed seeking following relief:

“A. Quash the order dated 15.09.2025 passed by the Prl. Senior Civil Judge and Jmfc, Jamkhandi in CC No.226/2025 registered against the petitioner (accused) for the offence punishable under section 138 of the Negotiable Instruments Act, 1881, in the interest of justice and equity.

B. By exercising the inherent jurisdiction under section 482 of Cr.P.C., 1973/ Section 528 of the BNSS, 2023, issue guidelines regarding the procedure to be followed by the trial courts when the cases are transferred from one court to another, in the interest of justice and equity.”

Sri.Girish A. Yadawad, learned counsel appearing for the petitioner/accused submits that respondent filed a private complaint for the alleged offence punishable under Section 138 of the Negotiable Instruments Act, 1881, which was registered as P.C.No.123/2024 by the Prl. Civil Judge and JMFC, Jamkhandi. Thereafter, the said proceedings were transferred to the Court of Prl. Senior Civil Judge and JMFC, Jamkhandi and directed the parties to appear before the transferee Court on the date notified. It is submitted that, as is evident from the order sheet, the matter was listed before the transferee Court on 12.09.2025. The Presiding Officer perused the order and ordered to put up the same on 15.09.2025 and on 15.09.2025, the transferee Court without considering the order dated 14.08.2025, straight away ordered for issuance of NBW to the accused.

It is also submitted that the transferred Court has clearly ordered to notify the date to the parties and without notifying the date, NBW was issued. Hence, he seeks to set aside.

I have heard the arguments of learned counsel for the petitioner/accused and perused the material available on record.

Taking note of the grievance made out by the petitioner/accused, this Court is of the view that issuance of notice to the respondent/complainant is not necessary as this Court is intend to cure the procedural defect noticed in the impugned order of the trial Court. The perusal of the order dated 14.08.2025 clearly indicate that the proceedings in C.C.No.226/2025 pending on the file of Prl. Civil Judge and J.M.F.C. Jamkhandi was transferred to Prl. Senior Civil Judge and J.M.F.C. Jamkhandi. The said order indicates that the parties are directed to appear before the transferee Court on the date to be notified. The order sheet indicates that the transferee Court has not indicated the next date of hearing to the accused and straight away it has issued NBW.

I am of the considered view that interest of justice would be met if the accused is permitted to appear before the Court on a given date before the transferee Court.

Hence, I proceed to pass the following:

ORDER

i. The Criminal petition is allowed.

ii. The order dated 15.09.2025 passed by the Prl. Senior Civil Judge and JMFC, Jamkhandi in C.C.No.226/2025 is set aside.

iii. The petitioner/accused is directed to appear before the transferee Court on 23.10.2025. It is made clear that this Court has not expressed any opinion on the merits of the case.