Final Order 1

Pdf Text: C. C. No. 3292/SS/2018
ORDER BELOW APPLICATION U/S.142A OF N.I. ACT.
1. This is an application made by complainant with the prayer
that complaint be returned to the complainant for presenting it before the
court of Chief Judicial Magistrate at Bharuch.
2. It is averred in the application that before filing this
complaint, complainant has filed a complaint before the Chief Judicial
Magistrate at Bharuch against the same accused for the offence
punishable u/s.138 of the N.I. Act. So as per Section142A of the N.I.
Act all subsequent complaints arising out of Section138 against the
same drawer, shall be filed before that Court. The first complaint
u/s.138 of N.I. Act against the accused is filed in the court of Chief
Judicial Magistrate at Bharuch. This is subsequent complaint between
the parties. So this complaint may be transferred to court of Chief
Judicial Magistrate at Bharuch.
3. Prior to making of this application, complaint was listed for
paying requisite court fee by the complainant. So, other side was not
called upon to file say on this application. It may be noted that one
more complaint bearing CC No.2001/SS/2018 is pending before this
Court and is listed on today's board. In CC No.2001/SS/2018 same
application was made by the complainant on which complainant was
directed to produce certified copy of complaint made before the Chief
Judicial Magistrate at Bharuch.
4. In pursuance of said order, today complainant has
produced the certified copy of the complaint made before the Chief
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Judicial Magistrate at Bharuc in connected CC No.2001/SS/2018.
Upon perusal of said certified copy, it transpires that both parties are
same. Said complaint is filed on 27/03/2018 whereas present
complaint is made on 23/08/2018 i.e. subsequent to the complaint
made in the Court of Chief Judicial Magistrate at Bharuch. All essential
ingredients of Section142A(2) of NI Act are satisfied. Hence, I
constrained to pass following order :
ORDER
i. Present complaint alongwith its entire proceeding is transferred and
it be returned to the complainant, for filing it before the court of
Chief Judicial Magistrate at Bharuch.
ii. Judicial Clerk is hereby directed to carry out the complaint
return/transfer formalities and take necessary acknowledgment
from the complainant.
iii. Proceeding is disposed off accordingly.
Sd/
(Ketaki M. Chavan)
Metropolitan Magistrate,
Date : 02/11/2019 63rd Court, Andheri, Mumbai.
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