M/S Parkash Furniture Ind vs Arun Gupta And Another
2021 Latest Caselaw 995 j&K

                                                                                      S. No. 17
                               HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                           AT JAMMU

                                                                CRMC No. 254/2015
                                                                IA No. 1/2015

             M/s Parkash Furniture Ind.                                ...Appellant/Petitioner(s)


                                   Through :- Mr. Anil Khajuria, Advocate
                                  v/s
                                    <




             Arun Gupta and another                                           .....Respondent (s)
             't




                                   Through :- None


             Coram:            HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

                                                     ORDER

A perusal of file reveals that the petitioner is are complainant in

criminal complaint titled 'M/s Parkash Furniture Industries vs. Arun Gupta

and another'. Because of the judgment rendered by Hon'ble the Apex Court

in judgment titled "Dashrath Rupsingh Rathore vs. State of Maharashtra

and another" reported in 2014 (3) CCC (Sc) 814, the said complaint was

transferred to the court of learned Chief Judicial Magistrate, Jammu and the

learned Chief Judicial Magistrate, Jammu has transferred the same to the

court of learned Railway Magistrate, Jammu.

As once section 142-A Cr.P.C is incorporated in the Act vide Act

No. 26 of 2015 and due to the operation of the said amendment in the Act, the

complaint is required to be adjudicated by the court within whose territorial

jurisdiction the cheque in question was presented for encashment.

A perusal of the record reveals that a cheque was presented with

Punjab National Bank, Kathua and rightly so, the complaint was filed by the

NEHA KUMARI 2021.09.01 17:11 I attest to the accuracy and integrity of this document

petitioner before the concerned court at Kathua. It was only because of the

operation of the judgment, the matter was transferred to Jammu.

In view of the above, the present complaint is transferred to the

court of learned Chief Judicial Magistrate, Kathua for disposal of the

complaint under law. The court of learned Railway Magistrate, Jammu shall

forthwith send the record of the complaint to the court of learned Chief

Judicial Magistrate, Kathua.

The present petition is, accordingly, disposed of.

(RAJNESH OSWAL) JUDGE JAMMU 01.09.2021 Neha Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No

NEHA KUMARI 2021.09.01 17:11 I attest to the accuracy and integrity of this document