TMI Blog2020 (10) TMI 904X X X X Extracts X X X X X X X X Extracts X X X X ..... the trial Court in the impugned order, where it is clearly stated that the matter was presented before the Salem Court and again it was returned, in view of the NI Ordinance 2015. Thus it is clear that, subsequent to return of the complaint by the trial Court, the complainant had filed the said complaint before the appropriate jurisdictional Court. However, by virtue of the amendment to Section 142 of the NI Act, which is with effect from 15.06.2015, once again the complainant has approached the original trial Court. No doubt he has made an application under Section 142 of the NI Act, but making such an application would not in any way cause any prejudice to either side. On the other hand, it would enable him to get reentry in the trial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed counsel for the petitioners submits that, after its return on 28.01.2015, 30 days time was granted for the complainant therein to present the said complaint before the appropriate jurisdictional Court, which he has failed to do. However, with subsequent amendment to Section 142 of the NI Act, he has once again made an application seeking restoration of his original complaint, which the trial Court has allowed, that too without causing any notice upon the accused therein (petitioners herein). 4. Learned counsel for the respondent submits that, by virtue of the judgment of the Hon'ble Apex Court in the case of Dashrath Rupsingh Rathod Vs. State of Maharashtra and Anr reported in (2014) 9 SCC 129, the trial Court returned the complai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esented before the Salem Court and again it was returned, in view of the NI Ordinance 2015. The learned counsel for the respondent also produces a certified copy of the proceeding sheet of the Court of Judicial Magistrate No.I., Namakkal, wherein it is shown that the present complainant has filed the complaint against the present petitioners in the said Court under Section 200 Cr.P.C. for the offences punishable under Sections 138, 141(1) and 141(2), 142 (Amended Act, 2002) of the NI Act. 7. Thus it is clear that, subsequent to return of the complaint by the trial Court, the complainant had filed the said complaint before the appropriate jurisdictional Court. However, by virtue of the amendment to Section 142 of the NI Act, which is with ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
