Chandra Infrastructure vs Aditya Birla Finance Limited on 3 July, 2025

Supreme Court – Daily Orders

Chandra Infrastructure vs Aditya Birla Finance Limited on 3 July, 2025

     ITEM NO.5                                   COURT NO.13                         SECTION II

                                    S U P R E M E C O U R T O F                I N D I A
                                            RECORD OF PROCEEDINGS

                                 TRANSFER PETITION(S)(CRIMINAL) NO(S).533/2025

     CHANDRA INFRASTRUCTURE & ANR.                                                    PETITIONER(S)

                                                           VERSUS

     ADITYA BIRLA FINANCE LIMITED & ANR.                                              RESPONDENT(S)

     (FOR ADMISSION
     IA NO. 150266/2025 - EXEMPTION FROM FILING O.T.
     IA NO. 150265/2025 - STAY APPLICATION)

     Date : 03-07-2025 This matter was called on for hearing today.

     CORAM :                HON'BLE MR. JUSTICE MANOJ MISRA
                            HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH
                             (PARTIAL COURT WORKING DAYS BENCH)

     For Petitioner(s): Mr. Pinku Singh, AOR
                        Mr. Santosh Kumar, Adv.


     For Respondent(s):

                             UPON hearing the counsel the Court made the following
                                                O R D E R

Transfer of proceedings pending as Cr. Reg. Case

No.45492 of 2023 under Section 25 of the Payment and

Settlement Systems Act, 2007 (for short 2007 Act) is sought

from the Court of Special Judicial Magistrate, (N.I.Act

Cases) No-13, Jaipur Metropolitan-Second, Jaipur, Rajasthan

to the Court of Chief Judicial Magistrate, South West

District, Dwaraka, New Delhi.

The case of the petitioners is that company’s head
Signature Not Verified
office is located within the territorial jurisdiction of
Digitally signed by
BORRA LM VALLI
Date: 2025.07.17
15:16:59 IST
Reason: Delhi and the loan transaction in respect of which ECS

mandate was given to credit the account of the complainant

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took place within the territorial jurisdiction of Delhi,

therefore, the complaint should not have been filed at

Jaipur (State of Rajasthan).

Section 25(5) of the 2007 Act provides that provision

of Chapter XVII of Negotiable Instruments Act, 1881 shall

apply to dishonour of electronic funds transfer.

Section 142(2)(a) of the Negotiable Instruments Act,

1881 falls in Chapter XVII thereof. As per which, the place

where the collecting bank is, complaint can be lodged.

It appears from the complaint allegations that the

mandate for electronic funds transfer was given by the

petitioner for credit to the complainant’s account located

within the territorial jurisdiction of Jaipur Court.

In such circumstances, we do not find any

justification to accept the transfer prayer.

Accordingly, the Transfer Petition is dismissed.

Pending application(s), if any, shall stand disposed

of.

(B. LAKSHMI MANIKYA VALLI)                        (AVGV RAMU)
COURT MASTER (SH)                               COURT MASTER (NSH)




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