The trial court can transfer the pending cheque bounce case to any other court -Karnataka High Court

The Karnataka High Court has held that under Section 142 (2)(a)

of the Negotiable Instruments Act, the trial court is empowered to refer the case to another court after it has been brought to its notice that the cases between the same parties  are pending in other courts.                                                         According to the matter, 10 check bounce cases are pending against Neerav Dev, Managing Director, Techno Setcom India Pvt Ltd Mumbai.The complainant in these cases is I.B.M. India Pvt. Ltd.                                                                                         Out of 10 cases pending against Nirav Dev, eight are pending in the court of 34th Additional Chief Metropolitan Bengaluru.A case was pending in the court of Additional Chief Metropolitan Magistrate Meuyo hall Bengaluru.Another case pending in the court of 17 th Additional Judge Small Cause Court.                                                                                   The defendant Nirav Dev filed an application under Section 142 (2)(a) of the Negotiable Instruments Act in the Court of 17th Additional Judge Small Cause Court and Additional Chief Metropolitan Magistrate Meuyo hall, Bengaluru, Prays to transfer the cases pending before him to the court of 34 th  Additional Chief Metropolitan Magistrate Bengaluru.Small Cause Court dismisses respondent's application saying it does not have jurisdiction to transfer the case.Only the Sessions Court has the right to transfer the case from one court to another.                                                                                    When the application for transfer of the case was rejected by the Small Cause Court, the respondent challenged the rejection of the application by filing a petition in the High Court.                                     The defendant's argument in the High Court was that Section 142(2)(a) of the Negotiable Instrument Act has been added by making a new amendment in the Act.The section of the Act empowers the trial court to transfer the case pending with it to the court before which other case is already pending.                                                               Justice K Natarajan, while hearing the matter, observed that it is clear from a reading of Section 142 (2)(a) of the Act that the trial court can transfer the matter pending before it where the rest of the matters are pending.Provisions of CrPC not applicable for transfer of cases pending under Negotiable Instruments Act.The High Court ordered the transfer of the case pending in the 17 th Additional Judge Small Cause Court to the Court of 34th Additional Chief Judicial Magistrate, Bengaluru.