PARKASH FURNITURE IND. Vs. ARUN GUPTA

JUDGEMENT

(1.) A perusal of file reveals that the petitioner is are complainant in criminal complaint titled 'M/s Parkash Furniture Industries vs. Arun Gupta and another'. Because of the judgment rendered by Hon'ble the Apex Court in judgment titled 'Dashrath Rupsingh Rathore vs. State of Maharashtra and another' reported in 2014 (3) CCC (SC) 814, the said complaint was transferred to the court of learned Chief Judicial Magistrate, Jammu and the learned Chief Judicial Magistrate, Jammu has transferred the same to the court of learned Railway Magistrate, Jammu.

(2.) As once section 142-A Cr.P.C is incorporated in the Act vide Act No. 26 of 2015 and due to the operation of the said amendment in the Act, the complaint is required to be adjudicated by the court within whose territorial jurisdiction the cheque in question was presented for encashment.

(3.) A perusal of the record reveals that a cheque was presented with Punjab National Bank, Kathua and rightly so, the complaint was filed by the petitioner before the concerned court at Kathua. It was only because of the operation of the judgment, the matter was transferred to Jammu.