LAWS(HPH)-2023-3-103

RAVINDRA THAKUR Vs. SANDEEP KUMAR

Decided On March 09, 2023
Ravindra Thakur Appellant
V/S
SANDEEP KUMAR Respondents

JUDGEMENT

(1.) Petitioner is the complainant in proceedings under Sec. 138 of the Negotiable Instruments Act. The complaint was initially presented by him before the Court of competent jurisdiction at Rohru District Shimla. In view of subsequent amendment of the Act, the complaint was transferred to the Court at Sarkaghat District Mandi. Vide order dtd. 1/12/2022, the Sarkaghat Court has held that it does not have jurisdiction to try the complaint and further directed the petitioner/complainant to file appropriate application before appropriate Court for transfer of the complaint. In this scenario, the petitioner has invoked jurisdiction under Sec. 482 read with Sec. 407 of Code of Criminal Procedure seeking transfer of his complaint from Court of learned Judicial Magistrate First Class Court No.2 Sarkaghat District Mandi to the Court of learned Chief Judicial Magistrate Hamirpur.

(2.) As per office report, respondent stands duly served, however, no one has appeared on his behalf.

(3.) Facts