In Brief
Yogesh Upadhyay sought to transfer two cheque dishonour cases filed in Nagpur courts to Delhi courts where four related cases were already pending. All six cases concerned cheques issued for the same crusher plant purchase from Atlanta Limited. The Supreme Court held that despite the non obstante clause in the Negotiable Instruments Act, Section 406 of the Criminal Procedure Code permits transfer of such cases. The Court confirmed that territorial jurisdiction lies where the drawee bank (payee's bank) is located. Since four of the six cases were in Delhi courts and two in Nagpur, the Court transferred the Nagpur cases to Delhi for consolidated trial to avoid contradictory judgments.
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