NIA 142A — Validation for transfer of pending cases

Negotiable Instruments Act, 1881

Statutory text

[142A.  Validation for  transfer  of  pending  cases.—(1) Notwithstanding anything contained in the
Code  of Criminal Procedure,  1973 (2 of 1974) or any judgment, decree, order or direction of any court, all cases transferred to the court having jurisdiction under sub-section (2) of section 142, as amended by the  Negotiable  Instruments  (Amendment)  Ordinance,  2015 (Ord.  6  of  2015),  shall  be  deemed  to  have been transferred under this Act, as if that sub-section had been in force at all material times.
(2) Notwithstanding anything contained in sub-section (2) of section 142 or sub-section (1), where the
payee or the holder in due course, as the case may be, has filed a complaint against the drawer of a cheque in  the  court  having  jurisdiction  under  sub-section  (2)  of  section  142  or  the  case  has  been  transferred  to that  court  under  sub-section  (1)  and  such  complaint  is  pending  in  that  court,  all  subsequent  complaints
arising  out  of  section  138  against  the  same  drawer  shall  be  filed  before  the  same  court  irrespective  of

1. Section 142 numbered as sub-section (1) thereof by Act 26 of 2015, s. 3 (w.e.f. 15-6-2015).
3. Ins. Act 26 of 2015, s. 3 (w.e.f. 15-6-2015).

whether  those  cheques  were  delivered  for  collection  or  presented  for  payment  within  the  territorial jurisdiction of that court.
(3) If, on the date of the commencement of the Negotiable Instruments (Amendment) Act, 2015 (26
of 2015), more than one prosecution filed by the same payee or holder in due course, as the case may be,
against  the  same  drawer  of  cheques  is  pending  before  different  courts,  upon  the  said  fact  having  been
brought to the notice of the court, such court shall transfer the case to the court having jurisdiction under sub-section (2) of section 142, as amended by the Negotiable Instruments (Amendment) Ordinance, 2015
(Ord. 6 of 2015), before which the first case was filed and is pending, as if that sub-section had been in force at all material times.]

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