Legal Question in Criminal Law in India

Can Court case u/s 138 of NI Act can be transferred from one state to another

My question is that I have filled a court case U/s 138 of Negotiable Instrument Act 4 yrs ago, but no judgement has been given till date, at present I am residing in other state due to Job. Can this case transferred to other state where i am residing, but the second party against which I have filled a complaint is residing in that state where I have filled the complaint. Can this case be transferred from one state to another as I have left first state where I have filled a complaint and wants to transfer this case where I am residing at present.


Asked on 3/15/08, 1:30 pm

5 Answers from Attorneys

Re: Can Court case u/s 138 of NI Act can be transferred from one state to another

Yes,case can be transfered to your state depending on circustances of case.You have to move necessary petition in supreme court.Contact with details,professional charges are applicable.

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Answered on 3/15/08, 1:37 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Can Court case u/s 138 of NI Act can be transferred from one state to another

What are the circumstances of case? As far the information which you have provided you it cannot be transferred.

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Answered on 3/17/08, 1:46 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Can Court case u/s 138 of NI Act can be transferred from one state to another

Transfer for the reasons given is not possible.

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Answered on 3/16/08, 1:38 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Can Court case u/s 138 of NI Act can be transferred from one state to another

No the case cannot be transferred but you can appoint some person conversant with the facts of your case whom you trust and who is still in that state as your power of attorney.

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Answered on 3/17/08, 10:45 am
Vivek Mapara Vivek N. Mapara

Re: Can Court case u/s 138 of NI Act can be transferred from one state to another

No it cannot be transferred. If you file petition for transfer, it will be dismissed. A case can be filed only at a place, where cause of actoin arose, or where defendant resides. No cause of action arouse to the place where u shifted, hence complaint cannot be tranferred.

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Answered on 3/16/08, 9:40 am


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