M/S. WOCKHARDT LIMITED Vs. ATAM PRAKASH SINGH

JUDGEMENT

(1.) By this petition, the petitioner impugns the order dated 08.09.2016, by which the complaint instituted by the petitioner-company herein, under Section 138 of the Negotiable Instruments Act 1881, has been ordered to be transferred to the jurisdiction of the learned Chief Judicial Magistrate, Jalandhar, by the Judicial Magistrate 1st Class, Ludhiana, on the ground that the complainants' account existed at the ICICI Bank, GT, Road Jalandhar and therefore, in terms of the amended provisions of the aforesaid Act, i.e. in terms of the amendment in Section 142 thereof, the complaint would lie only at a place where the complainant had its account.

(2.) Learned counsel for the petitioner has drawn attention to the application filed leading to the aforesaid order, in which it has been stated that the petitioner herein, i.e. the applicant-complainant before the trial Court, had its bank account at the ICICI Bank Branch, 163 Backsbay Reclamation, Mumbai.

(3.) Hence, learned counsel submits, firstly, that a factual error has occurred in the order of the learned trial Court at Ludhiana, to the extent that it has mistakenly stated that the account was held at Jalandhar.