Jurisdiction under 138 ni act case
Jeevesh
(Querist) 23 August 2014
This query is : Resolved
As per the recent SC judgement dt. 01/08/2014, the jurisdiction to file the cheque bounce case would be at the place where drawer bank is situated.
Facts of my case - In my case i filed complaint at Hisar, Haryana under s.138 NI act against 4 persons in the year 2012 regarding a cheque drawn up a delhi. Out of the 4 accused only 2 were summoned u/s 204 Cr.P.C & other 2 were not summoned. After the summoning of the two accused, my post summoning complainant evidence commenced. In around January 2014, the court also summoned other two accused u/s 319 Cr.P.C on the basis of new evidence who were earlier not summoned u/s 204 Cr.P.C. These newly summoned 2 accused persons challenged there summoning in High Court and took stay of proceedings qua them. Their petition is presently pending.
The Trial against the other two already summoned accused is continuing and uptill 1st August 2014, two complainant witnesses have been chief examined and cross examined by these originally summoned two accused persons.
My Query - My query is that if the summoning of the newly arraigned 2 accused persons is upheld by High Court u/s 319 Cr.P.C, than it will be de novo trail qua them (i.e. already examined witnessess need to re examined qua these new accused's). Than would my case be hit by the Recent SC judgment dt. 01/08/2014 & transferred to Delhi in the face of the fact that the two witnessess have already been chief examined and cross examined uptill 01/08/2014 at post summoning stage by the originally summoned accused persons.
V R SHROFF
(Expert) 23 August 2014
Adv Jeevesh,
your case will not be transferred/
ajay sethi
(Expert) 23 August 2014
since examination in chief and cross examination has been done your case may not be transferred
Shonee Kapoor
(Expert) 23 August 2014
Agreed with experts.
Regards,
Shonee Kapoor
www.shoneekapoor.com
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