Transfer of sec 138 case

D.G. Mohan (Querist) 05 September 2014 This query is : Resolved
As an accused in sec 138 case was filed in respondents bank place. But cheque was based in my place. Since he has filed both sec 138 and 420 in single case can the case be transferred to my place.

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V R SHROFF (Expert) 05 September 2014
ONLY IF AFF OF COMPL NOT FILED..
Evidence shd hv not startted

D.G. Mohan (Querist) 05 September 2014
Only accused appeared and took bail in Court. No evidence has been started.

V R SHROFF (Expert) 05 September 2014
YES IT IS TRANSFERABLE, AFTER COURT GET DIRECTIVES OF CONCERNED HIGH COURT.

Devajyoti Barman (Expert) 05 September 2014
yes, it would be transferred.

Dr J C Vashista (Expert) 06 September 2014
Whether the drawer bank is located in the place of complainant (drawee)?
If yes, it would not be returned and the complaint shall be proceeded, otherwise, it is to be returned for refiling in the Court of accused/drawer's banker's area magistrate.

Advocate Bhartesh goyal (Expert) 06 September 2014
In your case evidence has not been commenced so case will be transffered definitely.

Rajendra K Goyal (Expert) 06 September 2014
Yes it can e transferred in the given facts.

D.G. Mohan (Querist) 06 September 2014
Thank you gentlemen

Dr J C Vashista (Expert) 06 September 2014
You are most welcome........

Raj Kumar Makkad (Expert) 07 September 2014
It shall be transferred wherein your bank branch is located.

Dr J C Vashista (Expert) 08 September 2014
The court shall return the complaint but not transfer, if it is lacking jurisdiction.

Raj Kumar Makkad (Expert) 08 September 2014
Yes. I want to amend the reply. The complaint shall be returned by magistrate and not transferred.

T. Kalaiselvan, Advocate (Expert) 09 September 2014
The case can very well be transferred to the drawer's place/jurisdictional court.

Raj Kumar Makkad (Expert) 09 September 2014
As per latest judgment of Hon'ble Supreme Court of India, such complaints are not meant to transfer rather the complaint shall be returned to the complainant with liberty to file the same before the proper court having jurisdiction so there is no question of transfer.

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