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2019 (12) TMI 4 - DELHI HIGH COURTDishonor of Cheque - section 138 of Negotiable Instruments Act - territorial Jurisdiction - transfer of the case to another state - HELD THAT:- It is not in dispute that the plaintiff/appellant had filed his evidence by way of, affidavit and in the affidavit also he had mentioned about the pendency of complaint under Section 138 of the Negotiable Instruments Act against the respondent No.2/defendant. The aforesaid suit was last listed on 11.04.2017 for evidence of the plaintiff and on which date the plaintiff was cross examined by the counsel for the defendant/respondent No.2 in part. Fact remains that when the Gurugram Court transferred the matter vide order dated 29.10.2015, it was to be listed before the District Court, Delhi on 11.01.2016, however, it was not listed on that day. Thereafter, there was no information further to the appellant, as to when and where the matter was to be posted - in view of the peculiar circumstances of the present case and the fact that the appellant was running from pillar to post as complaint was initially filed at Delhi, thereafter transferred to Gurugram and then to Delhi again. The Trial Court is directed to restore the Complaint - parties are directed to appear before the concerned Court on 02.12.2019 - Petition allowed.
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