Court/Authority: Supreme Court of India, Criminal Original Jurisdiction
Case/Order No.: Transfer Petition(s)(Criminal) No(s). 943/2025 and 1160/2025
Date: 25 May 2026
Underlying complaint numbers: C.C. No.1625/2024 & STC No.1624/2024 under Sections 138 & 142 of the Negotiable Instruments Act, 1881
Parties Involved
Petitioner: Deepak Nagpal, proprietor of M/s Deepak Motors, business located at Jabalpur, Madhya Pradesh.
Respondent: M/s Anabond Limited, corporate office in Chennai, Tamil Nadu; cheque presented through its HDFC Bank account, Radhakrishnan Salai, Mylapore, Chennai.
Banks: Karnataka Bank, Jabalpur Branch (drawer’s bank); HDFC Bank, Chennai (presenting bank).
Counsel for respondent: Usha Nandini V. (AOR), Biju P. Raman, John Thomas Arakal, Nadana Harikrishnan, Nandana Harikrishnan.
Issues / Allegations / Violations
Complaint under Sections 138 & 142 NI Act alleging dishonour of cheque.
Jurisdiction dispute: Respondent argues Chennai jurisdiction under Section 142(2) because cheque presented via its Chennai bank account.
Petitioner contends substantive nexus with Jabalpur: cheque drawn on Karnataka Bank Jabalpur, business transactions, witnesses, and records located in Jabalpur.
Findings & Observations
Court exercised power under Section 446 of Bharatiya Nagarik Suraksha Sanhita, 2023, noting its wide amplitude to secure ends of justice.
Determined substantial nexus with Jabalpur: petitioner residence, business, drawer’s bank, and documentary evidence all located there.
Found no substantial part of the underlying transaction occurred in Chennai.
Applied balance of convenience: petitioner would face repeated 1400 km travel; respondent, as corporate body, can prosecute from Chennai.
Penalties / Settlements / Directions
No monetary penalties imposed.
Directed transfer of the two criminal cases from Metropolitan Magistrate (Fast Track Judge), Saidapet, Chennai to First‑Class Judicial Magistrate, Jabalpur, Madhya Pradesh.
Transferee court may allow virtual presence of respondent’s representative when necessary.
Records to be transferred by email without delay; immediate compliance required.
Corrective Actions & Future Obligations
Parties to comply with transfer order.
Transferee court to manage proceedings, including possible virtual attendance for respondent.
Final Ruling & Enforcement
Transfer petitions allowed; pending applications, if any, disposed.
Order signed by Hon’ble Justices J.K. Maheshwari and Atul S. Chandurkar on 25 May 2026.
Enforcement through electronic transmission of case files to the Jabalpur court.
