Interim Order 1

Order Details: Order
Pdf Text: 1 C. C. No.305/SS/2019
Exh.40
ORDER BELOW EXH.40
This is an application filed by accused for return of
present case to the complainant for want of jurisdiction.
2. Brief contention in the application are as under :
Prior to filing of present complaint, complainant has
already filed previously a complaint for the alleged offence under
Section 138 of N.I. Act against same accused in the Metropolitan
Magistrate, 48th Court vide C.C. No.4897/SS/2018. It is contended
that as per principles laid down by the Hon’ble Supreme Court in
the case of Damodar S. Prabhu V/s. Sayed Babalal [2010 AIR (SC)
1907], the complainant was under a legal obligation to disclose
the Court about filing of pendency of previous complaint against
the accused for the alleged offence. It is also contended that the
Hon’ble Supreme Court has emphasized and laid down that “
In the
light of this submission, we direct that it should be mandatory for
the complainant to disclose that no other complaint has been filed
in any other court in respect of the same transaction. Such a
disclosure should be made on a sworn affidavit which should
accompany the complaint filled under Section 200 of the Cr.P.C. If
it is found that such multiple complaints have been filed, orders
for transfer of the complaint to the first court should be given,
generally speaking, by the High Court after imposing heavy costs
on the complainant for resorting to such a practice.”
3. Accused has further contended that despite the
mandatory guidelines issued by the Hon’ble Supreme Court in the
aforesaid judgment, the complainant has neither stated in the
complaint nor filed his separate affidavit, disclosing to this Hon’ble
Court about the filing of the said first complaint, before the Court
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2 C. C. No.305/SS/2019
Exh.40
of Metropolitan Magistrate, 48th Court, Andheri, Mumbai. It is also
contended that as per provision of Section 142(3) of the N.I. Act, if
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 said fact having
been brought to then notice of the Court, such court is required to
transfer the case to the court having jurisdiction under Sub-section
(2) of the Section 142, as amended by the Negotiable Instruments
(Amendment) Ordinance, 2015 (Ord. 6 of 2015), before which the
first case was filed and is pending. Hence, this application.
4. Say of complainant was called. He has submitted his
no objection to the application.
5. Perused the CIS record of case filed by complainant
against accused in 48th Court, Andheri. It appears that case
No.4897/SS/2018 has been filed by the complainant against
accused of present case on 07/12/2018. Complainant and accused
of present case and case in C.C. No.4897/SS/2018 appears to be
same. It also reflect that case No.4897/SS/2018 is filed prior to
present case. In view of Section 142-A(2) notwithstanding
anything contained in Sub-Section (2) of Section 142 or Sub-
Section (1) where the payee or holder in due course, as the case
may be, has filed the complaint against drawer of the cheque 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 the 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
withing territorial jurisdiction of that Court. Sub-section (3) of
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3 C. C. No.305/SS/2019
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Section 142-A provides that if on the date of commencement of
Negotiable Instruments (Amendment) Act 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 the cheque is pending
before different courts, upon the said fact having been brought to
the notice of the court, such court shall transfer the cases to the
Court having jurisdiction under Sub-section (2) of Section 142, as
amended by the Negotiable Instruments (Amendment) Ordinance
2015, before which a first case was filed and is pending, as if that
sub-section had been in force at all material times.
6. In view of the fact that parties in present case and
first case filed by complainant in 48th Court, Andheri are same and
the legal provision mentioned above, it is desirable to transfer
present case to the Court No.48, Andheri. Hence, I proceed to pass
following order :
ORDER
1. Application is allowed.
2. Present case be transferred to Court No.48, Andheri as
per Section 142-A (3) of N.I. Act.
3. Copy of order be forwarded to Computer Section for
necessary action.
Date : 18/12/2025
( Shri. M. S. Budhwant )
Judicial Magistrate First Class,
63rd Court, Andheri, Mumbai
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