Bridgestone Pvt. Ltd. Vs. Inderpal Singh
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Head Note
The Negotiable Instruments Act, 1881 - Section 138 , Section 142
Section 142 (as amended by Negotiable Instruments (Amendment) Second Ordinance, 2015, Sections 3 and 4 - Dishonour of Cheque - Complaint - Territorial Jurisdiction - Cheque drawn on the Union Bank of India, Chandigarh, was presented for encashment at the IDBI Bank, Indore, which intimated its dishonor to the appellant - Held that the Judicial Magistrate, First Class, Indore, would have the territorial jurisdiction to take cognizance of the proceedings initiated by the appellant under Section 138 of the Act, 1881, after the promulgation of the Second Ordinance, 2015 - Impugned order passed by the High Court liable to be set aside - In case the complaint filed by the appellant has been returned, it shall be re-presented before the Judicial Magistrate, First Class, Indore.
The Negotiable Instruments Act, 1881 - Section 138 , Section 142
Section 142 (as amended by Negotiable Instruments (Amendment) Second Ordinance, 2015, Sections 3 and 4 - Dishonour of Cheque - Complaint - Territorial Jurisdiction- As per Section 4(1) of the Second Ordinance, 2015, whereby Section 142A was inserted insofar as the offence under Section 138 of the Act, 1881 is concerned, on the issue of jurisdiction, the provisions of the Code of Criminal Procedure, 1973, would have to give way to the provisions of the instant enactment on account of the non-obstante clause in sub-section (1) of Section 142A - Likewise, any judgment, decree, order or direction issued by a Court would have no effect insofar as the territorial jurisdiction for initiating proceedings under Section 138 of the Act, 1881 is concerned - Judgment rendered by the Apex Court in Dashrath Rupsingh Rathod's case would also not non-suit the appellant for the relief claimed.
The Negotiable Instruments Act, 1881 - Section 138 , Section 142
Section 142 (as amended by Negotiable Instruments (Amendment) Second Ordinance, 2015, Sections 3 and 4_ - Dishnonour of Cheque - Territorial Jurisdiction - Complaint - Held that as per explanation to amended Section 142(2) with reference to an offence under Section 138 of the Act, 1881, the place where a Cheque is delivered for collection i.e. the branch of the bank of the payee or holder in due course, where the drawee maintains an account, would be determinative of the place of territorial jurisdiction.
Topic(s)-Dishnonour of Cheque -Territorial Jurisdiction - Law clarified as per new amendment