MIR ENGINEERS & BUILDERS Vs. SANJAY DIESELS

JUDGEMENT

(1.) PETITIONER seeks transfer of criminal complaint titled M/S Sanjay Diesels v. M/S Mir Engineers and Builders, pending before learned Chief Judicial Magistrate, Kathua, to any court of competent jurisdiction at Srinagar.

(2.) A complaint under Section 138 of the Negotiable Instrument Act has been filed before learned Chief Judicial Magistrate Kathua by the respondent alleging therein that cheque amounting to Rs. 73,35,000/ -, when produced before the Drawee Bank, was returned with an endorsement that the payment has been stopped. It seems that present petitioner had sought quashment of the proceedings before this Court by filing a petition under Section 561 -A Cr.P.C, which petition has since been rejected vide order dated 25.05,2009.

(3.) INSTANT application has been filed seeking transfer of complaint from the Court of learned Chief Judicial Magistrate Kathua to any court of competent jurisdiction at Srinagar, on the ground that the court at Kathua lacks jurisdiction to entertain the complaint.