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Judgment
By way of the present petition under Section-407 read with Section-482 of the Code of Criminal Procedure, 1973 (herein referred as
''Cr.P.C.'') the petitioner seeks transfer of C.R. Case No. 9 of 2010 from learned trial court of First Class Magistrate of Sub-ordinate Court of
District Council, Shillong to any competent First Class Magistrate under the jurisdiction of District & Sessions Judge, Shillong.
Briefly stating, facts of the case as set out in the petition are that the petitioner herein filed a complaint under Section-138 of Negotiable
Instruments Act, 1881 in respect of dishonour of cheques amounting to Rs. 53,00,000/- (Rupees Fifty Three Lakhs only) which were issued by
the respondent and the respondent failed to make payment of the amount of the cheques despite services of notices. The complaint was filed
before the Judge, District Council Court, Shillong and same was endorsed to the Court of learned Magistrate First Class of Sub-ordinate District
Council Court who took cognizance and issued summons to the respondent. The respondent preferred revision petition before learned Judge,
District Council Court, Shillong, being Criminal Revision No. 1 of 2013, which was dismissed vide order dated 17.04.2014. Thereafter, the
respondent filed revision petition before this Court, being Criminal Revision Petition No. 8 of 2014, which was also dismissed. The respondent
also preferred SLP (Crl.) No. (S) 8369/2014 which was disposed vide order dated 10.11.2014.
Learned counsel for the petitioner submits that the offence under Section-138 of Negotiable Instruments Act is a special enactment and District
Council Court has no jurisdiction to try the same. He further submits that the complaint may be transferred from the Court of District Council to
any Court of Judicial Magistrate, Shillong.
Mr. N.M. Mansuri, learned counsel for respondent fairly conceded that District Council Court has no jurisdiction to try the present complaint
for the offence under Section-138 of Negotiable Instruments Act. Learned counsel for respondent further submits that he has no objection if the
complaint in question is transferred from District Council Court to the Court of Judicial Magistrate, Shillong.
It is submitted by learned counsel for both the parties that the Hon''ble Governor of Meghalaya has not conferred upon the District Council
Court to try the cases under Section-138 of Negotiable Instruments Act in terms of paragraph 5 of the Sixth Schedule to the Constitution of India.
Thus, it is clear that District Council Court has no jurisdiction to try the case.
In view of the facts and circumstances of the case and submissions made by learned counsel for both the parties, it is deemed appropriate to
dispose of the present petition at this stage itself. Accordingly, the complaint bearing C.R. Case No. 9 of 2010 titled as ''Smti Monica Wahlang vrs
Smti Myntoi Rymbai'' pending in the Court of learned Magistrate of Sub-ordinate District Council Court is withdrawn and the same is transferred
to the Court of learned District & Sessions Judge, Shillong who will assign the same to competent Court of Judicial Magistrate to try the case in
accordance with law.
Both the parties are directed to appear before the learned, District & Sessions Judge, Shillong on 20.03.2017.
A copy of this order be sent to the concerned Magistrate of Sub-ordinate District Council Court, Shillong, immediately for necessary
compliance.
The present petition stands disposed of accordingly.