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2017 (7) TMI 624 - ALLAHABAD HIGH COURTTransfer of Complaint Case under Section 138 of Negotiable Instruments Act,pending in the court of Additional Chief Judicial Magistrate - I, Jaunpur to any other court of competent jurisdiction at Banda - maintainability of application - Held that:- Before the amendment, the complainants had to face double jeopardy in as much as firstly, they could not recover the legitimate money and secondly in order to file a complaint, they had to suffer the agony and pain of going to the jurisdictional court of drawer of the cheque. By the Amending Act of 2015, the law laid down by the Hon'ble Apex Court in Dashrath Rupsingh Rathod's case (2014 (8) TMI 417 - SUPREME COURT) has been nullified and after this amendment a complaint shall be filed by the payee or holder in due course of a cheque in the court of such district where the bank in which his/her account exists is situated and not at the place where the drawer's bank is situated. Thus this transfer application deserves to be allowed.
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