jurisdiction of the Court

Sec.138 of N.I.Act – Territorial Jurisdiction -where the cheque was dishonored – Bhaskaran judgment was overruled – 3 bench judges held that Once the cause of action accrues to the complainant, the jurisdiction of the Court to try the case will be determined by reference to the place where the cheque is dishonoured. – The general rule stipulated under Section 177 of Cr.P.C applies to cases under Section 138 of the Negotiable Instruments Act. Prosecution in such cases can, therefore, be launched against the drawer of the cheque only before the Court within whose jurisdiction the dishonour takes place except in situations where the offence of dishonour of the cheque punishable under Section 138 is committed along with other offences in a single transaction within the meaning of Section 220(1) read with Section 184 of the Code of Criminal Procedure or is covered by the provisions of Section 182(1) read with Sections 184 and 220 thereof. and further held that – 1. this judgment will have only prospective pertinence, i.e. applicability to Complaints that may be filed after this pronouncement.- 2.where, post the summoning and appearance of the alleged Accused, the recording of evidence has commenced as envisaged in Section 145(2) of the Negotiable Instruments Act, 1881, will proceeding continue at that place.- 3.whether evidence has been led before the Magistrate at the pre-summoning stage, either by affidavit or by oral statement, the Complaint will be maintainable only at the place where the cheque stands dishonoured. – 4.the category of Complaint cases where proceedings have gone to the stage of Section 145(2) or beyond shall be deemed to have been transferred by us from the Court ordinarily possessing territorial jurisdiction, as now clarified, to the Court where it is presently pending. – 5.All other Complaints (obviously including those where the accused/respondent has not been properly served) shall be returned to the Complainant for filing in the proper Court, in consonance with our exposition of the law. – 6. If such Complaints are filed/refiled within thirty days of their return, they shall be deemed to have been filed within the time prescribed by law, unless the initial or prior filing was itself time barred.= CRIMINAL APPEAL NO. 2287 OF 2009 Dashrath Rupsingh Rathod …..Appellant Versus State of Maharashtra & Anr. …..Respondents = 2014 – Aug – Part – http://judis.nic.in/supremecourt/filename=41801

Sec.138 of N.I.Act – Territorial Jurisdiction –where the cheque was dishonored – Bhaskaran judgment was overruled – 3 bench judges held that Once the cause of action accrues to the complainant, the  jurisdiction of the Court to try the case will be determined by reference  to  the  place where the cheque is dishonoured.- The general rule stipulated under Section 177 of … Continue reading →