Niju Peter Jose vs Shanavas Nalakath and Others

P. Ubaid, J.—1. The petitioner herein is the de facto complainant in a prosecution brought under Section 138 of the Negotiable Instruments Act before the Chief Judicial Magistrate Court (EO), Ernakulam. On the complaint, the learned Magistrate took cognizance as CC No. 375/2011 and the case now stands transferred to the register of long pending cases. On the ground of territorial jurisdiction in view of the recent amendment brought to the Negotiable Instruments Act the petitioner made an application before the Court below to transfer the case to the Judicial First Class Magistrate Court, Perumbavoor. The learned Magistrate declined the request and dismissed the said application on 01/02/2016 on the ground that a case now pending in the register of long pending cases, cannot be transferred. The said order is under challenge. What is provided under Section 142(a)(1) of the Negotiable Instruments Act by way of amendment recently is a statutory transfer. Once the Court finds that it does not have territorial jurisdiction, the Court will have to act in terms of Section 142(a)(1) of the Negotiable Instruments Act. It doesn''t matter whether the case is in the register of long pending cases or not. When a request is made to transfer the case, the Court will have to look into whether the Court will have the territorial jurisdiction, or whether the case will have to be tried by some other Court. If the Court finds that the case will have to be tried by some other Court having territorial jurisdiction, the learned Magistrate can very well refile the case and act in terms of Section 142(a)(1) of the NI Act.

In the result this Crl. M.C. is disposed of with a direction to the Court below that if the Court below is satisfied that the right Court to try the case is the Judicial First Class Magistrate Court, Perumbavoor on the ground of territorial jurisdiction in view of the recent amendment to the Negotiable Instruments Act, the learned Magistrate shall refile the case, and act in terms of Section 142(a)(1) of the Negotiable Instruments Act.