Negotiable Instruments Act Section 142A — Validation for transfer of pending cases
CHAPTER XVI O F I N T E R N A T I O N A L LA W
General
Summary
Cases that were moved to a court with proper authority under the amended rules are treated as if they were always validly moved there, regardless of any earlier court orders or judgments. If a complaint about a bounced cheque is already pending in a particular court, any later complaints about other bounced cheques from the same person must also be filed in that same court, even if those cheques were used or presented elsewhere. When multiple cases involving the same person who filed the complaints and the same person who wrote the cheques are pending in different courts, those cases must be transferred to the court where the first case was filed, so all related matters are handled together.
Official Text
(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 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.] 1