Appeal from interim order of metropolitan magistrate mumbai
Balagopal Menon
(Querist) 18 November 2017
This query is : Open
Under which provision of the CRPC does the right to appeal lie from the interim order of the Metropolitan Magistrate?
Rajendra K Goyal
(Expert) 18 November 2017
Academic query.
State material facts of the problem if any.
How are you concerned / related with the query?
Looks like examination question.
Balagopal Menon
(Querist) 18 November 2017
The Metropolitan Magistrate passed an order to transfer the case from his court to another. It is a section 138 of NI act case. The application to transfer was made under section 142A. So now the appeal will lie to high court undder section 382 of CRPC
right?
SHIRISH PAWAR, 7738990900
(Expert) 18 November 2017
Orders of Metropolitan Magistrate can be challenge before sessions court except acquittal.
Dr J C Vashista
(Expert) 19 November 2017
An appeal is not maintainable against interim order, however, transfer of case from the one court to another is not interim but final.
What is the reason for transfer of the NI Complaint to another Court, probably, transferee Court is earmarked/designated.
Do you feel the order of transfer of a complaint u/s 138 NI Act, 1881 is maintainable?
I do not find any illegality, infirmity and merit for challenging the transfer order.
Consult some local senior advocate.
R.Ramachandran
(Expert) 19 November 2017
I agree with the expert advice of Dr. Vashista.
Balagopal Menon
(Querist) 20 November 2017
The complainant tried to reopen evidence and application was rejected. After that this application was filed to transfer. The Judge was clearly favouring us in the matter and thats why he has filed for transfer. On top of that my boss took his witness to task in cross examination. It is also to be noted that this is done after 2 yrs of ammendment to NI act and when the matter is almost going to a stage of final arguments.
Balagopal Menon
(Querist) 20 November 2017
The amendment to NI act is so that the complainant is not inconvinienced and doesnt have to travel to far away states to initiate proceedings against accused. Not to transfer cases to courts within 10km radfius. I know that this was not my original question, but is there any way to stop this non- sensical transfer of case.
