K HANUMANTHAPPA Vs. KARIYAPPA VS K B NAGARAJ

JUDGEMENT

(1.) This petition is filed under Section 482 of Cr.P.C., calling in question the order passed by the IInd Addl. District and Sessions Judge, Davanagere in Cri.R.P.No.24/2016 confirming the orders passed by the IIIrd Additional Sr. Civil Judge and JMFC, Davanagere.

(2.) Facts leading to the presentation of this petition are that pursuant to the amendment to Negotiable Instruments Act, by insertion of Section 142 (2), the petitioner herein sought for transfer of C.C.No.2626/2009 pending on the file of IIIrd Additional JMFC, Davanagere to the Court of IInd Additional JMFC, Davanagere on the ground that the cheque in question was delivered for collection through Shiva Co-operative Bank, APMC yard Branch, Davanagere which falls within the local jurisdiction of RMC yard Police Station, Dav-anagere, which in turn comes within the local limits of JMFC-II Court, Davanagere. The learned JMFC, however rejected the application mainly on the ground that the matter having been transferred to the said Court by orders of the Sessions Judge on the administrative side, it was incompetent to re-transfer the said proceedings to the JMFC- II Court. When the petitioner carried the matter in revision, the learned Sessions Judge declined to entertain the revision petition on two grounds. Firstly, the learned Sessions Judge held that the matter was initially dealt with by the JMFC-III Court and the order passed by the JMFC-III Court was taken up in revision and in the revision the same having been remanded for fresh trial, it was necessary that the matter should be heard by the JMFC- III Court. Secondly, the learned Sessions Judge held that since on the Administrative side an order was made transferring these matters, as all the Magistrates are having equal jurisdiction, JMFC-III Court is also equally competent to hear and dispose of the matter.

(3.) Learned counsel for the petitioner submits that both the reasoning assigned by the lower courts are contrary to the intendment of the amendment to Section 142 of the Negotiable Instruments Act.