Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Complainant operating his business at place `P' - Cheque drawn on a Bank at place `T' - Cheque deposited at place `P' - Notice demanding accused to make payment issued from place `P' - Held, Court at place `P' has jurisdiction to entertain the compliant - Fact that business transaction..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - All accused residents of Delhi - Negotiations and discussion between parties took place at Delhi - Cheque issued at Delhi - Held, Court at Delhi has jurisdiction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - No part of transaction took place at the residence of complainant and there was no stipulation that payment was to be made at place of residence of complainant, such mere residence of complainant does not confer jurisdiction on Court at place of residence of complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Court at Sikar and not at Bikaner having jurisdiction - Complaint transferred to Court at Sikar...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - After taking cognizance, trial Court has no jurisdiction to review or recall its order...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Offence contemplated u/s 138 consist of 5 components i.e. drawing of the cheque, presentation of cheque to the bank, returning the cheque unpaid by the drawee bank, Notice in writing to the drawer of the cheque demanding payment of the cheque amount and failure of the drawer to make..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Place where an offence has been committed plays an important role - If an accused shifts his residence outside the territorial jurisdiction of the Court concerned then in such a case, the Court in whose territorial jurisdiction drawee bank i.e. bank of the accused is situated has the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - After taking of cognizance of offence, it is not open to Courts to suo moto throw out the criminal complaints abruptly by declaring that they do not have the territorial jurisdiction to deal with the matter...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Court while exercising its jurisdiction for taking cognizance of an offence is required to consider only the allegations made in the complaint and the evidence of the complainant and his witnesses...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Place from where notice is issued in writing to the drawer of the cheque demanding payment of the cheque amount also is a place where part of cause of action arises...........