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Sec. 138 NIA cases are to be placed in JMFC courts. JMFC has powers to award maximum 3 years impriso
17-Feb-2023 (In Criminal Law)
Sec. 138 NIA cases are to be placed in JMFC courts. JMFC has powers to award maximum 3 years imprisonment. If sec 420 IPC is charged along with sec 138 NIA in the same private complaint case, does JMFC have jurisdiction to try it as maximum imprisonment in sec 420 IPC is 7 years? Or will JMFC have to transfer the case to CJM? Is it the magistrate's responsibility to transfer such cases to higher court? If placed before JMFC court and case is dismissed due to non jurisdiction, can the complainant complain again to the appropriate higher court in the same case again or the accused gets the benefit of complainant's mistake forever as he can't be tried twice for the same offence as per principles of natural justice?
If you wish to file complaint under section 138 of NI Act then you should file complaint to JMFC court.And if wish to file under section 420 of IPC Then you should file appropriate jurisdiction court but in that case you can't include section 138 of NI Act.Because NI Act presupposes there is legal transaction between parties.Therfore for enforcement of legal liability of non complainant you can file complaint under NI Act.
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Adv. Sandeep Shamrao Pingale
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