SANGRAM KESHRI ROUTRAY Vs. HEXAGOAN INFRASTUCTURES PVT. LTD.

JUDGEMENT

(1.) This transfer petition has been filed under Sec. 447 of the Bharatiya Nagarika Surakhya Sanhita, 2023, shortly, "BNSS", by the Petitioner, who is the Complainant in 1CC Case No.172 of 2024, which is now pending in the Court of learned JMFC-II, Cuttack, for transfer of the said proceeding to the Court of learned JMFC-IV, Bhubaneswar.

(2.) Learned Counsel for the Petitioner submits, the cheque was issued by the Accused, drawn on IndusInd Bank, Cuttack Chandi Road Branch, Cuttack. The same was deposited by the Petitioner, who is the Complainant in 1CC Case No.172 of 2024, in his Bank Branch at Bhubaneswar i.e. IndusInd Bank, Lewis Road Branch, Bhubaneswar. The said cheque was dishonoured and returned to him vide Cheque Return Memo dtd. 23/10/2024 with a noting "Drawers signature not as per mandate in the account".

(3.) Learned Counsel for the Petitioner further submits, though in terms of sub-sec. 2 under Sec. 142 of the Negotiable Instruments Act, 1881, shortly hereinafter, "the N.I. Act", the complaint case ought to have been filed before the Court having jurisdiction at Bhubaneswar, on being advised by the learned Counsel for the Complainant, who gave notice under sec. 138 (b) of the N.I. Act from Cuttack, the complaint case was wrongly filed before the Court of learned JMFC-II, Cuttack.