Yogesh Upadhyay & Anr. vs Atlanta Limited
2023 SCC OnLine SC 170
Coram: Hon’ble Justice Dinesh Maheshwari & Hon’ble Justice Sanjay Kumar
Forum: Hon’ble Supreme Court of India
Case No.: Transfer Petition (Criminal) Nos. 526-527 of 2022
Date of Decision: February 21, 2023
Conclusion
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Facts/Background:
- Yogesh Upadhyay and M/s Shakti Buildcon & Another were the Petitioners, and Atlanta Limited was the Respondent.
- The Petitioner purchased a NAWA-make crusher plant from the Respondent for ₹1,88,80,000, the consideration for which was agreed to be paid via cheque in 7 installments.
- The Petitioner's first cheque for ₹11,80,000 was honoured; however, the remaining 6 were dishonoured due to the instruction to the bank by him to stop the payment.
- The Respondent's bank presented the first 2 dishonoured cheques in Nagpur, while the remaining 4 were in New Delhi.
- The Respondent, Atlanta Limited, filed six complaint cases against the Petitioners in their respective courts under Sections 138 and 142 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the N.I. Act 1881).
- As the cases were pending before the learned 22nd and 20th Civil Judges, Senior Division, Nagpur, the Petitioner filed transfer petitions under Section 406 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C).
- The 2 complaint cases were filed before the Courts at Nagpur, Maharashtra, as the first 2 dishonoured cheques were presented through the Respondent’s bank in Nagpur.
- The remaining 4 cases were filed before the Dwarka Courts, New Delhi, as the other cheques were presented through the bank in New Delhi.
- The Petitioners approached the present court seeking a transfer of all pending cases from Nagpur to the South West District Courts in Dwarka, New Delhi, to consolidate and conduct a unified trial.
Main Issue:
Whether the Court can transfer a case under Section 138 of the Negotiable Instruments Act, 1881, to another court under Section 406 Code of Criminal Procedure, 1973 for consolidation? (Paragraph 1)
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