Supreme Court: Lack Of Territorial Jurisdiction No Ground To Transfer Complaint, Raise Objection Before Magistrate

 The petitioners are the accused in the complaints

filed under Section 138 of the Negotiable Instruments

Act, 1881. The contention of the petitioners is that the

Trial Court before which the complaints have been filed

by the respondent has no jurisdiction to entertain the

complaints. The petitioners are entitled to raise the

said contention before the learned Magistrate who is

empowered to return the complaint for presentation to

proper Court, if the learned Magistrate is satisfied that

the Court has no territorial jurisdiction. {Para 2}

 IN THE SUPREME COURT OF INDIA

CRIMINAL ORIGINAL JURISDICTION

TRANSFER PETITION (CRIMINAL) NOs.1035-1056 OF 2024

M/S KAMAL ENTERPRISES & ANR.  Vs  A. K. CONSTRUCTIONS CO.

Dated: January 21, 2025.

1. Heard the learned counsel appearing for the

petitioners.

2. The petitioners are the accused in the complaints

filed under Section 138 of the Negotiable Instruments

Act, 1881. The contention of the petitioners is that the

Trial Court before which the complaints have been filed

by the respondent has no jurisdiction to entertain the

complaints. The petitioners are entitled to raise the

said contention before the learned Magistrate who is

empowered to return the complaint for presentation to

proper Court, if the learned Magistrate is satisfied that

the Court has no territorial jurisdiction.

3. Therefore, this ground of lack of territorial

jurisdiction cannot be considered in these Transfer

Petitions.

4. On an application made by the accused, the Trial

Court can always grant exemption from personal appearance

subject to condition that whenever their presence is

mandatory, they must attend the Court.

5. Subject to what is observed above, the Transfer

Petitions are dismissed.

..........................J.

 (ABHAY S.OKA)

 ..........................J.

 (UJJAL BHUYAN)

NEW DELHI;

January 21, 2025.

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