LAWS(SC)-2025-1-177

KAMAL ENTERPRISES Vs. A.K.CONSTRUCTION

Decided On January 21, 2025
KAMAL ENTERPRISES Appellant
V/S
A.K.Construction Respondents

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioners.

(2.) The petitioners are the accused in the complaints filed under Sec. 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.