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Supreme Court of India · 21/02/2023

YOGESH UPADHYAY AND ANR. versus ATLANTA LIMITED

[2023] 2 S.C.R. 511 · 2023 INSC 150

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Summary

Six cheques issued for the purchase of a crusher plant were dishonoured; the payee presented two through its Nagpur bank and filed two complaints under Section 138 of the Negotiable Instruments Act, 1881 at Nagpur, and four through its New Delhi bank and filed four complaints at the Dwarka courts. On the drawer's petition under Section 406 CrPC the Supreme Court transferred the Nagpur cases to Dwarka: Section 142(2)(a), inserted in 2015 to undo Dashrath Rupsingh Rathod, vests jurisdiction in the court where the payee's collecting bank branch is situated, so the Nagpur filings were proper, but the non obstante clause in Section 142(1), which pre-dates the amendment and concerns only the manner of taking cognizance, does not exclude the Supreme Court's power of transfer under Section 406 CrPC; as all six cases arise from one transaction, common adjudication avoids contradictory findings.

Issues

  1. Whether the non obstante clause in Section 142(1) of the Negotiable Instruments Act, 1881, read with the exclusive territorial jurisdiction conferred by Section 142(2), excludes the Supreme Court's power under Section 406 CrPC to transfer complaints under Section 138 pending in one State to a court in another State.

Provisions considered

Held

Result

Transfer petitions allowed; SCC Nos. 25668 and 26875 of 2019 pending before the 22nd Joint Civil Judge, Senior Division and the 20th Civil Judge, Senior Division, Nagpur transferred to the South West District Courts, Dwarka, New Delhi, to be tried along with Complaint Case Nos. 42489 of 2019, 1464, 7596 and 4094 of 2020.

Judgment PDF: Supreme Court of India, [2023] 2 S.C.R. 511.