S.138 NI Act Complaint Cannot Be Transferred Under S.406 CrPC For Lack Of Territorial Jurisdiction : Supreme Court
Live LawThe Supreme Court today held that a case under the Negotiable Instrument Act, 1881 cannot be transferred from one place to another for the lack of jurisdiction under Section 406 of the Code of Criminal Procedure. A batch of transfer petitions were filed before the Supreme Court seeking transfer to a Court having territorial jurisdiction to try the said complaints under the NI Act. Whether a complaint filed under Section 138 of the NI Act can be transferred from one Court to another in the exercise of powers under Section 406 of the CrPC on the ground of lack of territorial jurisdiction of the Court in which the complaint is filed. Whether the expression "that for the ends of justice" means that this Court can transfer any criminal case or appeal to any Court in Section 406 CrPC Answering in negative, the Court ordered: "Our final conclusion is, we have made ourselves very clear that the territorial jurisdiction issue cannot be raised for the purpose of Section 406 CrPC. when it appears that the State machinery or prosecution is acting hand in glove with the accused, and there is likelihood of miscarriage of justice due to the lackadaisical attitude of the prosecution; when there is material to show that the accused may influence the prosecution witnesses or cause physical harm to the complainant; comparative inconvenience and hardships likely to be caused to the accused, the complainant/the prosecution and the witnesses, besides the burden to be borne by the State exchequer in making payment of travelling and other expenses of the official and non-official witnesses; a communally surcharged atmosphere, indicating some proof of inability in holding a fair and impartial trial because of the accusations made and the nature of the crime committed by the accused; and existence of some material from which it can be inferred that some persons are so hostile that they are interfering or are likely to interfere, either directly or indirectly, with the course of justice Case Details: M/S SHRI SENDHURAGRO AND OIL INDUSTRIES PRANAB PRAKASH v. KOTAK MAHINDRA BANK LTD.|1503 T.P.
History of this topic
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