Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Complaint can be filed at a place where at least one act out of five ingredients of the offence has been committed: (a) drawing of the cheque; (b) presentation of the cheque to the bank; (c) returning the cheque unpaid by the drawee bank; (d) giving notice in writing to the drawer of the..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction - Complainant running his business at Parwanoo within jurisdiction of Kasauli Court - Accused having its office at Shimla - Transaction took pale at Parwanoo - Cheque presented for encashment at Parwanoo and intimation of dishonour also received at Parwanoo - Fact that cheque issued..........
Civil Procedure Code, 1908, Section 9, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 17, 18 -- Suit against Bank for recovery of damages - Jurisdiction of Civil Court - Not barred - Jurisdiction of civil Court is barred only when banks and financial institutions file application for recovery of debts due to such banks and financial..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Complaint can be filed at a place where at least one act out of five ingredients of the offence is committed: (a) drawing of cheque; (b) presentation of the cheque to the bank; (c) returning the cheque unpaid by the drawee bank; (d) giving notice in writing to the drawer of the cheque..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Cheque presented to UCO Bank at `S', in which complainant had an account - Held, Court at place `S' has jurisdiction to entertain and try the complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Cheques drawn on a bank at Mandi Gobind Nagar (Punjab) - Cheques deposited by drawee in their account with bank at New Delhi - Cheque dishonoured - Notice of demand issued from Delhi - Held, Court at Delhi has jurisdiction to entertain complaint...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Jurisdiction - Court has jurisdiction where payment of amount as hand loan, issuance of cheque in discharge of debt and legal notice calling upon accused to pay the amount - Plea rejected that complaint can only be filed at the place of drawee bank...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Territorial jurisdiction - Cheque in question was issued by SBI, Kesinga Branch and it was also returned unpaid by said drawee bank for insufficiency of funds which comes within jurisdiction of JMFC, Bhawanipatna - Held, offence was partly committed within jurisdiction of JMFC,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 177 -- Dishonour of cheque - Complaint - Territorial jurisdiction - All the acts i.e. handing over of cheque to payee i.e. Respondent was at Kolkata - Cheque was drawn at IDBI Bank having its branch at Kolkata - Cheque was dishonoured by earlier said branch at Kolkata - Drawer of cheque..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Parties residing in NOIDA (U.P.) - Transactions between them took place at NOIDA - Cheque issued at NOIDA and drawn on a bank in NOIDA - Held, mere sending of notice from Delhi at the address of accused outside Delhi does not confer jurisdiction on Delhi Courts to try and entertain the..........