Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Jurisdiction - If cheque is delivered for collection at a branch other than where payee or holder in due course maintains an account, branch of Bank where payee or holder in due course maintains the account shall be treated as branch of Bank for the purpose of S.142(2)(a) of the Act...........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Jurisdiction - Complainant maintains his account at `A' Branch - He has no account at `T' Branch - Even though complainant delivered the cheque for collection at `T' Branch of same Bank, by virtue of deeming provisions contained in S.142(2) Explanation of the Act, `A' Branch of the bank has..........
Negotiable Instruments Act, 1881, Section 138, 142(a) -- Dishonour of cheque - Locus standi - Complaint at the instance of third party who is neither a payee nor a holder in due course is not maintainable, as he has no locus standi to prosecute accused in terms of S.142(a) of the Act...........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Jurisdiction of Court - When cheque is delivered or issued to a person with liberty to present the cheque for collection at any branch of bank where payee or holder in due course maintains the account and within the jurisdiction of Court, where such cheque was presented for collection will..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Question of jurisdiction of Court - When question of jurisdiction to be decided, said challenge should be raised before same Court and said Court has jurisdiction to decide question of jurisdiction and question of jurisdiction never be a subject matter of challenge in a writ petition...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Appellate Court suspended sentence till disposal of main appeal on a condition of depositing 20% of the compensation amount - Extension of time - Reason for non deposit due to ill health of petitioner's son - Direction issued to deposit 20% of cheque amount instead of 20% of compensation amount..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 205, 251 -- Dishonour of cheque - Accused seeking exemption from personal appearance - Rejection of application on the ground that accused has to undergo examination u/s 251 Cr.P.C. - The object of S.251 Cr.P.C. is only to the extent of apprising accused of particulars of offence and..........
Negotiable Instruments Act, 1881, Section 138, 142(1), Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Transfer of case - Supreme Court can transfer case u/s 138 of Negotiable Instruments Act, if it is expedient for the ends of justice...........
Negotiable Instruments Act, 1881, Section 138, 142(1), Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Transfer of case from one State to another State - Four out of six complaints filed at Delhi and two at Nagpur - All the six complaints relate to same transaction - It would be advisable to have a common adjudication to obviate possibility of..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction - Cheque presented and dishonoured at place `B' - Compliant filed at place `T' - Offence u/s 138 of the Act can be tried by Court within whose jurisdiction the branch of the bank where payee maintains the account is situated, if cheque is delivered through an account - Cognizance taken..........
