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2020 (11) TMI 75 - HC - Indian LawsDishonor of Cheque - Jurisdiction to file complaint - petitioner has stated that the learned JMIC Baramulla has no jurisdiction to try the complaint as admittedly the cheque had drawn at J&K Bank Branch, Nowgam Srinagar which is not situated within the jurisdiction of JMIC Baramulla - HELD THAT:- As per Sub-section 1 of Section 142-A of the Act as amended by Negotiable Instruments (Amendment) Ordinance, 2015, all the complaints those were pending in courts other than the courts having territorial jurisdiction as per the amended section 142 of Negotiable Instruments Act, stood automatically transferred to the court having territorial jurisdiction as provided under amended section 142 of Negotiable Instruments Act - Thereafter, the Parliament amended the Negotiable Instruments Act, 1881 and section 142-A was incorporated and it validated the transfer of the cases, transferred pursuant to the Negotiable Instruments (Amendment) Ordinance, 2015. The challenge thrown to the issue of process by JMIC Baramulla on the ground of territorial jurisdiction has lost its relevance, as by operation of law, the complaint that is the subject matter of the present controversy stood automatically transferred to the court of Chief Judicial Magistrate, Sopore w.e.f. 15.06.2015, as the J&K Bank Agro High-tech, Sopore, where the respondent has maintained his account is situated within the territorial limits of Chief Judicial Magistrate, Sopore. The other contention raised by the petitioner that the complaint has been filed by the respondent by concealing the compromise agreement, is the disputed question of fact that cannot be adjudicated under section 561-A Cr.P.C.The contention of the petitioner for transferring the case to the court at Srinagar also deserves to be rejected as there is nothing on record to demonstrate that the petitioner is unable to appear in any court other than the Srinagar - this petition is disposed of with the direction to JMIC Baramulla to transmit the record of the complaint, titled, "Noor Mohammad Gujree vs. Nayeem Ahmad Khuroo" to the court of Chief Judicial Magistrate, Sopore.
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