Validation for transfer of pending cases
Section 142A of the Negotiable Instruments Act, 1881 deals with validation for transfer of pending cases. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or any judgment, decree, order or direction of any court, all cases transferred to the court having jurisdiction under sub-section (2) of section 142, as amended by the Negotiable Instruments (Amendment) Ordinance The Act came into force on 01 Mar 1882.
1[142A. Validation for transfer of pending cases.--(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or any judgment, decree, order or direction of any court, all cases transferred to the court having jurisdiction under sub-section (2) of section 142, as amended by the Negotiable Instruments (Amendment) Ordinance, 2015 (Ord. 6 of 2015), shall be deemed to have been transferred under this Act, as if that sub-section had been in force at all material times.
(2) Notwithstanding anything contained in sub-section (2) of section 142 or sub-section (1), where the payee or the holder in due course, as the case may be, has filed a complaint against the drawer of a cheque in the court having jurisdiction under sub-section (2) of section 142 or the case has been transferred to that court under sub-section (1) and such complaint is pending in that court, all subsequent complaints arising out of section 138 against the same drawer shall be filed before the same court irrespective of whether those cheques were delivered for collection or presented for payment within the territorial jurisdiction of that court.
(3) If, on the date of the commencement of the Negotiable Instruments (Amendment) Act, 2015 (26 of 2015), more than one prosecution filed by the same payee or holder in due course, as the case may be, against the same drawer of cheques is pending before different courts, upon the said fact having been brought to the notice of the court, such court shall transfer the case to the court having jurisdiction under sub-section (2) of section 142, as amended by the Negotiable Instruments (Amendment) Ordinance, 2015 (Ord. 6 of 2015), before which the first case was filed and is pending, as if that sub-section had been in force at all material times.]
Section 142A, The Negotiable Instruments Act, 1881 (Act 26 of 1881).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Bridgestone India Pvt. LTD vs Inderpal Singh
Court's Decision & Legal Precedent
After the promulgation of the Negotiable Instruments (Amendment) Second Ordinance, 2015, territorial jurisdiction for criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881, is determined by the place where the cheque is delivered for collection (i.e., the branch of the bank where the payee or holder in due course maintains the account) or where it is presented for payment (i.e., the branch of the drawee bank where the drawer maintains the account), not by the place where the cheque is drawn. The amended Section 142(2), through the non-obstante clause in Section 142A(1), overrides prior judgments and the general jurisdiction principles under Section 177 of the Criminal Procedure Code, 1973, and applies retrospectively to cases pending before the amendment came into force.
On this section: Newly inserted provision providing retrospective effect to the amended Section 142(2) and establishing a non-obstante clause that overrides prior judgments and CrPC provisions. The Court held this provision gives retrospectivity to the amended jurisdictional framework.
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Bridgestone India PVT LTD vs Inderpal Singh
Court's Decision & Legal Precedent
After the promulgation of the Negotiable Instruments (Amendment) Second Ordinance, 2015, territorial jurisdiction for prosecuting an offence under Section 138 of the Negotiable Instruments Act, 1881, lies in the court within whose local jurisdiction the branch of the bank where the payee or holder in due course maintains an account is situated (i.e., where the cheque is delivered for collection), not where the cheque is drawn or where the drawee bank is located. The amended Section 142(2) and Section 142A(1) override the Criminal Procedure Code, 1973, and prior judgments, including Dashrath Rupsingh Rathod's case, and apply retrospectively to pending cases.
On this section: Newly inserted by the 2015 Ordinance; provides for transfer of cases to the court having jurisdiction under amended Section 142(2) and grants retrospective effect to the amendment.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The written submissions of the petitioner read as under: - "A. The scope of powers under Section 406 CrPC, 1973 (akin to Section 527 of CrPC, 1898 and Section 447 of BNSS, 2024) is the question which concerns this Hon'ble Court. - B. One aspect of exercise of power of transfer is the introduction of Section 142A in the Negotiable Instruments Act, 1881 by Amending Act 26 of 2015, which has retrospective effect. Clause (2) of Section 142A contemplates a situation where cases against the same drawer ought to be filed in the same Court where the first case pertaining to dishonor of cheque is filed or "transferred". Independent …
Questions about Section 142A
What have the courts held on Section 142A of the Negotiable Instruments Act?
Bridgestone India Pvt. LTD vs Inderpal Singh (24 Nov 2015) is the leading judgment on this section among those set out below: Newly inserted provision providing retrospective effect to the amended Section 142(2) and establishing a non-obstante clause that overrides prior judgments and CrPC provisions. The Court held this provision gives retrospectivity to the amended jurisdictional framework. Another 1 judgment on this section is set out below, all of them from the Supreme Court.
How do I find court cases under Section 142A of the Negotiable Instruments Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: NI Act 142A, section 142A NI Act, section 142A of the Negotiable Instruments Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Bridgestone India Pvt. LTD vs Inderpal Singh (24 Nov 2015).
What should I read with Section 142A of the Negotiable Instruments Act, and has it changed?
Its own text turns on section 138 (Dishonour of cheque for insufficiency, etc., of funds in the account), section 142 (Cognizance of offences), so none of them can safely be read on its own.
When did Section 142A of the Negotiable Instruments Act come into force?
Section 142A of the Negotiable Instruments Act, cited as NI Act 142A, came into force on 01 Mar 1882, having been enacted on 09 Dec 1881. It is in force as at the date shown on this page.
Other sections of this Act
- 138. Dishonour of cheque for insufficiency, etc., of funds in the account312 words
- 143. Power of Court to try cases summarily297 words
- 143A. Power to direct interim compensation291 words
- 142. Cognizance of offences290 words
- 141. Offences by companies287 words
- 84. When cheque not duly presented and drawer damaged thereby279 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.