Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Dishonour of Cheque Jurisdiction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Negotiable Instruments Act, 1881 - s.138 - Dishonour ofcheque - Jurisdiction to try offence u/s. 138 - Vesting with whichCourt - Held: The Court within the jurisdiction whereof, thedishonoured cheque was presented for encashment, wouldhave the jurisdiction to entertain the complaint filed u/s. 138.Issue arose for consideration as to whether the Courtwithin the jurisdiction whereof, the complainant hadpresented the dishonoured cheque '(Issued by anaccused), had the jurisdiction to entertain a petition fliedunder Section 138 of the Negotiable Instruments Act,1881.The High Court held that just because thedishonoured cheques In question were presented forencashment by the complainant at Delhi or the demandnotice was sent from Delhi, the Courts at Deihi would nothave jurisdiction to try the case. The High Court acceptedthe prayer made by the drawee of the cheque (I.e. therespondent) to conclude, that the Courts at Delhi did nothave the jurisdiction to try the complaint filed by theappellant, under Section 138 of the NegotiableInstruments Act. Hence the present appeal. |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2013 INSC 630 |
Petitioner | M/s. Escorts Limited |
Respondent | Rama Mukherjee |
SCR | [2013] 10 S.C.R. 339 |
Judgement Date | 2013-09-17 |
Case Number | 1457 |
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