Vikas (Partner) 17 December 2014

Cheque bounce court transfer case under section 145(2)

Section 145 (2) NI Act of Cheque Bounce

I am respondent for one cheque bounce case where complainant forged the document to complete the cheque amount and make the criminal case against me.

First Hearing:

I have given my statement for forged documents and amount due is less than he is claiming. Bail was also given.

Second Hearing:

I have all the documents where I can prove this amount is not justified but before my lawyer asked all questions from the complainant case was moved to some other court as my cheque was from other district which is outside the jurisdiction of Saket court where complainant file the case. (New ruling of Supreme Court of India decided on 01.08.2014). This is second hearing.

My last hearing for this case was 27 August 2014 where Judge stated above reason and case supposed to move Dwarka Court.

In daily order of 27 August 2014, Judge stated that " The complaint is therefore returned to the complainant for the filling in the court of competent jurisdiction. The complainant shall file certified copies of the complaint and the documents. Thereafter, the Ahlmad shall return the complaint and the original document with endorsement"

I have few questions for the above:

1) What will be timeline for him to file the case in Dwarka Court after getting all documents?

2) Can he will be allowed to change something in the document?

3) Will the case starts from the same stage?

Thanks

Reply Follow

7 Replies

H. S. Thukral (Lawyer) 17 December 2014

The time limit to file the case is 30 days. The complainant can not alter any documents because the same are marked by the previous court The case will start afresh

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 ) 17 December 2014

Mr. Vikas....

Complainant has to file his case in Dwarka Court within 30days of receiving original file from the concerned Ahamad.

Complainant can not add any material thing in his case.

Case will start afresh. MM has to apply his judicial mind afresh . MM may summon you or may not.

s.subramanian (senior partner) 17 December 2014

From what you have stated I understand that the magistrate at saket has taken congnisance and proceeded further. Therefore the court at Dwaraka has to proceed from that stage only and fresh cognisance need not and cannot be taken.

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com) 20 December 2014

There is always difference in theory and practice.

Every thing will start DENOVO IN NEW COURT after filing the case and will not start from the point where earlier court has left.

Agree wilh Mr Ansari and Thukral.

All accused facing such cases in new jurisdiction must fight tooth and nail from day one on these issues for sure win.

R Trivedi (advocate.dma@gmail.com) 20 December 2014

I fully differ with the opinion of Mr S Subramanian, the previous court is only important to grant 30 days time from the date of transfer order, for filing of fresh complaint. It will be a fully fresh case in front of new court starting from cognizance decision.

Whether complainant can add new material or not, is just not clear, whether complainant is required to submit the old affidavit is also not clear.

Ideally since the case in front of new court is new, complainant is at liberty to create fresh case. But complainant should ensure that there is no contradiction in previous affidavit and new affidavit. if there are contradiction then accused at a later stage can trap the complainant.

of course the notice will remain the same...complaint and the affidavit may change, but if possible it should be avoided because situation is not yet clear on this aspect.

R Trivedi (advocate.dma@gmail.com) 20 December 2014

It should be noted that the Hon SC has ordered for return of file to complainant......they could have ordered for transfer of case to new court, in that situation the entire file would have gone to new court directly. Moreover the new court may fall under the jurisdiction of different High Court and hence possibly order of return of file to complainant. In nutshell there is a small window with complainant to make certain changes.

Shailendra (legal Practitioner ) 20 December 2014

file has been returned to present before the proper court on 21/11. If period of 30 day is calculated what will it be 20/12 or 21/12.

21/12 is Sunday (The month is of 30 days).

My questions are:

1) What will be the last date of filing in proper court?

2) is the date of 21/11 excluded?

3) Should I have filed the case on 20/12 which is Sat or it can be filed on Mon 22/12 next working day?

4) Is delay condoned in transfer cases of 138 after 30 days?

Thanks.