Transfer of 138 N.I. Act case as per SC judgment and Amendment Act

[Anonymous]

if a court ordered on 15/09/2014 to transfer the 138 suit according to SC judgement of Dashrath rup singh vs state of Maharashtra, but the complainant did not get into the transfer proceeding and left the case as it is, after that Amendment have come. The right now how it is restored and what would be the procedure the restore the suit.

[Dr. Ashok Dhamija]

On the basis of whatever brief facts have been mentioned by you, it can be said that the case will have to heard in the court which has jurisdiction as per the Amendment made to the Negotiable Instruments Act in 2015. The Supreme Court’s judgment in the case of Dashrath Rupsingh Rathod v. State of Maharashtra is no more valid now, in view of the amendment made to the Negotiable Instruments Act.

If the complainant has left the case and is not pursuing the case any more, the accused may apply for discharge / acquittal from the case due to non-prosecution of the case by the complainant.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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