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2015 DIGILAW 1704 (HP)

Amar Chand v. Bhagat Ram

2015-11-19

P.S.RANA

body2015
JUDGMENT : P.S. Rana, J. 1. Heard. Present petition filed under Article 227 of the Constitution of India read with Section 482 of Code of Criminal Procedure assailing the order passed by learned Judicial Magistrate 1st Class, Bilaspur dated 02.03.2015 in Criminal Complaint No. 195/2 of 2013 titled as Amar Chand & others vs. Bhagat Ram filed under Section 138 read with Section 142 of The Negotiable Instrument Act, 1881. Learned trial court returned complaint in view of ruling announced by Hon’ble Supreme Court of India reported in J.T-2014 (9) SC 81 titled Dashrath Roop Singh Rathore vs. State of Maharashtra. After the decision of the Hon’ble Supreme Court of India, President of India promulgated Ordinance dated June 15th, 2015 relating to The Negotiable Instruments Act 1881, operative part is quoted as under in toto: 2. “142A. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 or any judgment, decree, order or directions of any court, all cases arising out of Section 138 which were pending in any Court whether filed before it or transferred to it before the commencement of Negotiable Instrument (Amendment) Ordinance 2015 shall be transferred to the court having jurisdiction under subsection (2) of section 142, as if that sub- section had been in force at all material time. (2) Notwithstanding anything contained in subsection (2) of section 142 or sub- section (1), where the payee or the holder in due course, as the case may be, has filed a complaint against the drawer of a cheques in the court having jurisdiction under sub- section (2) of section 142 or the case has been transferred to that court under sub- section (1), and such complaint is pending in that court, all subsequent complaints arising out of section 138 against the same drawer shall be filed before the same court irrespective of whether those cheques were delivered for collection or presented for payment within the territorial jurisdiction of that court. (3) If, on the date of the commencement of Negotiable Instrument (Amendment) Ordinance 2015 more than one prosecution filed by the same payee or holder in due course, as the case may be, against the same drawer of cheques is pending before different courts, upon the said fact having been brought to the notice of the court, such court shall transfer the case to the court having jurisdiction under sub- section (2) of section 142, before which the first case was filed and is pending, as if that sub- section had been in force at all material times.” 3. In view of the promulgation of Ordinance by the President of India and in view subsequent promulgation issued by President of India dated 22.9.2015 order of learned Judicial Magistrate 1st Class, Bilaspur dated 02.03.2015 is set-aside and Judicial Magistrate 1st Class, Bilaspur is directed to dispose of the case strictly in accordance with law. Promulgation dated 15.6.2015 and 22.9.2015 issued by President of India placed on record shall form part and parcel of order. Parties are directed to appear before the learned Judicial Magistrate 1st Class, Bilaspur on 4th December, 2015. Record of learned trial court alongwith certified copy of order be transmitted forthwith. Petition is disposed of.