Jurisdiction of JMFC in sec 420 IPC cases
5 years ago
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?
The Judiciary has the power to transfer the case in accordance with the law and not according to somebody's wishes.So, you need not worry.
Justice will be delivered.
Shanti Ranjan Behera
Advocate
If it is dismissed on the ground of no jurisdiction then you can approach the Court having jurisdiction or you may prefer revision/appeal against such order. Such new case before Magistrate having jurisdiction. Be informed that for cheque bounce cases other offences as suggested by you cannot be added.
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Shreyash Mohta
Responded 5 years ago
It is generally the magistrate which transfers the cases to superior courts whereby JMFC does not have the jurisdiction to try it.
Even in case of dismissal, the complainant has the right to file the same case again in the court which has competent jurisdiction and can try the same.
Thanks
Shreyash Mohta
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