IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
TRANSFER PETITION (Crl.) NO.463 of 2018
M/S LAXMI NARAYAN SALES CORPORATION & ORS. �Petitioner(s)
M/S GREEN VALLEY INDUSTRIES LTD. �Respondent(s)
O R D E R
Heard learned counsel for the parties. Mr. Manish Goswami, learned counsel for the
Petitioner submits that the Respondent filed C.S. No.7063
of 2018 under Section 138 of the Negotiable Instruments
Act, 1881 (for short �the N.I. Act�) on 19.01.2018 in the
Court of 15 th
Metropolitan Magistrate, Calcutta. Later,
another complaint (Complaint Case No.2 of 2018) pertaining
to a different cheque was filed by the respondent under
Section 138 of the N.I. Act in the Court of Additional
District Magistrate, East Jaintia Hills on 10.08.2018. He
relied upon Section 142 A (2) of the N.I. Act which
provides that once a complaint is filed in the Court
having jurisdiction under section 142(2), all subsequent
complaints arising out of Section 138 of the N.I. Act
against the same drawer shall be filed before the same
court. We find force in the submissions made by the
learned counsel for the Petitioner.
The complaint case No.2/2018 entitled M/s. Green
Valley Industries Ltd. vs. M/S Laxmi Narayan Sales
Corporation & Ors. filed under Section 138 of the N.I. Act
in the Court of Additional District Magistrate, East
Jaintia Hills shall stand transferred to the 15 th
Metropolitan Magistrate, Calcutta to be tried along with
C.S. No.7063 of 2018 filed by the Respondent on 19.01.2018
in the said Court at Calcutta.
The trial court is directed to expedite the trial.
The transfer petition is, accordingly, allowed.
Pending application, if any stand disposed of.
[L. NAGESWARA RAO]
ITEM NO.43 COURT NO.9 SECTION XVI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Transfer Petition(s)(Criminal) No(s).463/2018
M/S LAXMI NARAYAN SALES CORPORATION & ORS. Petitioner(s)
M/S GREEN VALLEY INDUSTRIES LTD. Respondent(s)
(FOR ADMISSION and IA No.136081/2018-EX-PARTE STAY )
Date : 11-09-2019 This petition was called on for hearing today.
HON’BLE MR. JUSTICE L. NAGESWARA RAO
HON’BLE MR. JUSTICE HEMANT GUPTA
For Petitioner(s) Mr. Manish Goswami,Adv.
Mr. Rameshwar Prasad Goyal, AOR
For Respondent(s) Mr. Uday Gupta,Adv.
Mr. Hiren Dasan, AOR
Mr. Chand Qureshi,adv.
Mr. Harish Dasan,Adv.
UPON hearing the counsel the Court made the following O R D E R
The transfer petition is allowed in terms
of the signed order. Pending application, if any
stand disposed of.
(B.Parvathi) (Sunil Kumar Rajvanshi)
Court Master Court Master
(Signed order is placed on the file)