IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Criminal Revision No.289 of 2026 Date of Decision: 24.06.2026 _______________________________________________________ M/s Kant Filling Station …….Petitioner Versus Naresh Kumar … Respondent _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Y.P. Sood & Mr. Praveen Chauhan, Advocates. For the Respondent: Ms. Heena Chauhan, Advocate. _______________________________________________________ Sandeep Sharma, Judge(oral): By way of instant petition filed under Section 528 of Bharatiya Nagrik Suraksha Sanhita, prayer has been made on behalf of petitioner (in short “complainant”) for transfer of Complaint No.337 of 2025, titled as M/s Kant Filling Station Vs. Naresh Kumar filed under Section 138 of Negotiable Instruments Act (in short “Act”) from the Court of learned Chief Judicial Magistrate, Shimla, to the Court of Judicial Magistrate First Class, Arki, District Solan, Himachal Pradesh. 2. Precisely, the case of the complainant, as has been highlighted in the petition and further canvassed by Mr. Y.P. Sood, learned counsel representing the complainant, is that though in terms 1Whether the reporters of the local papers may be allowed to see the judgment? 2 of amendment to Section 142 of Act, complainant ought to have filed complaint under Section 138 of the Act, on account of dishonouring of cheque issued by the respondent-accused towards discharge of his lawful liability, in the Court within whose local jurisdiction, cheque issued by the accused for collection through an account was dishonoured, but inadvertently complainant filed complaint under Section 138 of the Act in the Court of learned Chief Judicial Magistrate, Shimla, under bona fide belief that registered office of the complainant, i.e. M/s Kant Filling Station, is situated within the jurisdiction of the learned Chief Judicial Magistrate, Shimla. 3. Pursuant to notices issued in the instant proceedings, Ms. Heena Chauhan, Advocate, has put in appearance on behalf of the respondent. She fairly states that on account of amendment in Section 142 of the Act, prayer made on behalf of the complainant deserves to be allowed. 4. Before considering the prayer made on behalf of the complainant, this Court deems it fit to take note of provisions contained under Section 142 of the Act. Bare perusal of aforesaid provision of law reveals that where a cheque is presented for payment by the payee or the holder in due course through an account, the complaint may be instituted at a place where the branch of the drawee bank is situated or where the drawer maintains his account. 3 However, where a cheque is delivered for collection through the account of the payee or holder in due course, the complaint shall be maintainable in the Court within whose jurisdiction the branch of the bank, where the cheque is so deposited for collection, is situated. 5. In the case at hand, respondent-accused had issued cheque bearing No.534016 dated 24.12.2024 amounting to Rs.2,00,192/- drawn on Jogindra Central Co-operative Bank Ltd., Baddi, District Solan, Himachal Pradesh, which was further deposited by the complainant with its banker i.e. ICICI Bank, Branch Darlaghat, Teshil Arki, District Solan, Himachal Pradesh, however, the same was dishonoured on account of insufficient funds. Since bank account of the payee or holder in due course i.e. complainant is situated at Darlaghat, Tehsil Arki, his prayer for transfer of the complaint deserves to be allowed in view of amendment carried out under Section 142 of the Act, as taken note hereinabove. 6. Consequently, in view of the above, present petition is allowed and Complaint No.337 of 2025, titled as M/s Kant Filling Station Vs. Naresh Kumar filed by the complainant in the Court of learned Chief Judicial Magistrate, Shimla, is ordered to be transferred to the Court of Judicial Magistrate First Class, Arki, District Solan, Himachal Pradesh along with record forthwith. 4 7. Learned counsel representing the parties undertake to cause presence of their respective clients before the learned Judicial Magistrate First Class, Arki, District Solan, Himachal Pradesh on 16.07.2026, enabling it to proceed with the complaint. Pending applications, if any, also stand disposed of. (Sandeep Sharma), Judge June 24, 2026 (sunil)