Supreme Court · 2023 INSC 150 · Decided 21 February 2023
Yogesh Upadhyay and ANR. v. Atlanta Limited
- Court
- Supreme Court of India
- Citation
- 2023 INSC 150 · [2023] 2 S.C.R. 511
- Case number
- TRANSFER PETITION (CRIMINAL) No. 526/2022
- Decided
- 21 February 2023
- Bench
- DINESH MAHESHWARI, SANJAY KUMAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 406; NI Act Section 138, 142(1), 142(2)(a), 142(2)
Headnote
Negotiable Instruments Act, 1881 - ss.138, 142(1) - Code of Criminal Procedure, 1973 - s.406 - Transfer of criminal cases - Power of Supreme Court - Held: Notwithstanding the non-obstante clause in s.142(1), the power of Supreme Court to transfer criminal remains intact in relation to offences u/s.138, if it is found expedient for the ends of justice - In the present case, as the six complaint cases filed by the respondent (four before the Dwarka Courts at New Delhi and two before the Courts at Nagpur, Maharashtra) pertain to the same
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