Judgment briefs
Supreme Court of India

M/s Shri Sendhur Agro & Oil Industries v. Kotak Mahindra Bank Ltd.

Issue arose whether a complaint filed u/s.138 of the Negotiable Instruments Act, can be ordered to be transferred from one court to…

Disposed of
Court
Supreme Court of India
Decided
6 Mar 2025
Citation
[2025] 3 S.C.R. 714
Case no.
TRANSFER PETITION (CRIMINAL) No. 608/2024
Bench
J.b. Pardiwala, R Mahadevan

Issue for consideration

Issue arose whether a complaint filed u/s.138 of the Negotiable Instruments Act, can be ordered to be transferred from one court to the other having territorial jurisdiction to try the offence in exercise of powers u/s.406 CrPC on the ground of lack of the court in which the complaint is filed; and whether the expression “that for the ends of justice, this Court can transfer any criminal case or appeal to any place” in s.406 CrPC embraces in itself the lack of territorial jurisdiction of the court to try the offence u/s.138

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