Transfer Petition (Crl.) No. 403 of 2013. Case: Sree Mahesh Stationeries Vs Indiabulls Financial Services Ltd.. Supreme Court (India)
| Case Number | Transfer Petition (Crl.) No. 403 of 2013 |
| Judges | T.S. Thakur and C. Nagappan, JJ. |
| Issue | Negotiable Instruments Act, 1881 - Section 138; Code of Criminal Procedure (CrPC) - Section 406 |
| Judgement Date | Tuesday August 05, 2014 |
| Court | Supreme Court (India) |
Judgment:
T.S. Thakur, J.
In this petition Under Section 406 of the Code of Criminal Procedure, the Petitioners seek transfer of Criminal Complaint No. 14089 of 2009 from the Court of Judicial Magistrate, First Class, Gurgaon, Haryana to the Court of competent jurisdiction at Bangalore.
The Petitioner appears to have borrowed a loan of Rs. 15,00,000/- (Rupees Fifteen Lakh) for business purposes from the Respondent-company. A cheque allegedly issued in partial repayment of the loan amount and drawn on the Syndicate Bank, City Market Branch, Bangalore, when presented for encashment to ING Vysya Bank, Gurgaon appears to have been dishonoured resulting in the issue of statutory notices to the Petitioners and eventual filing of a complaint before the Judicial Magistrate, First Class at Gurgaon Under Section 138 of The Negotiable Instruments Act, 1881. The Magistrate has taken cognizance and summoned the Petitioners for appearance to face the trial. Petitioners have, in that backdrop, filed the present transfer petition seeking transfer of the complaint afore-mentioned from Gurgaon to the competent...
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