Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Components of the offence are : (1) drawing of the cheque, (2) presentation of the cheque to the bank, (3) returning the cheque unpaid by the drawee bank, (4) giving notice in writing to the drawer of the cheque demanding payment of the cheque amount, (5) failure of the drawer to make..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Place where the bank of accused, which has dishonoured the cheque is situated cannot be regarded as the sole criteria to determine the place of offence - A place, for the purpose of invoking the provision of S.138 of the Act, depends on a variety of facts...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - At the stage of entertaining complaint u/s 138 of the Act, Court is only required to arrive at a prima facie opinion as to the territorial jurisdiction, on the basis of the averments made therein, without launching into a fact finding mission as to their correctness or otherwise...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Substantial part of cause of action arose within jurisdiction of Courts at Delhi - Complainant, a public limited company, having its registered and corporate office at Delhi - Cheque presented in a Bank at Delhi - Cheques were returned to complainant through its bankers at Delhi -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Pleadings in the complaint and averments in affidavit specific about place of cause of action and jurisdiction of Court - Complainant need not to examine witnesses to prove place of cause of action - Order dismissing complaint at pre-cognizance stage stating that no witness was examined..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Transaction took place at Mandi Gobindgarh - Cheque drawn of a Bank at Mandi Gobindgarh - Complainant presenting cheque for collection at Delhi - Cheque dishonoured - Registered/head office of complainant at Delhi - Notice of demand served from Delhi - Held, court at Delhi has..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Original agreement between the parties took place and cancelled at Jaipur - Cheque drawn of a bank at Jaipur - Cheque deposited by the payee with its bank at Mumbai for presentation to the bank at Jaipur - Cheque dishonoured at Jaipur - Communication regarding dishonour received at Mumbai..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 178, 201 -- Dishonour of cheque - Territorial jurisdiction - Held, there are five essentials of offence u/s 138 of the NI Act - (i) Drawing of cheque; (ii) Presentation of cheque to bank of payee; (iii) Return of cheque unpaid by drawee bank; (iv) Giving of notice to drawer of cheque..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Transaction took place at Jaipur - Cheque issued of a bank at Delhi - Cheque presented at Mumbai - Notice issued from Mumbai where registered office of the complainant company is situated - Complaint filed at Mumbai - Held, Court at Mumbai has jurisdiction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - From a Court within jurisdiction of one High Court to a Court within jurisdiction of another High Court - Petition for transfer of complaint is maintainable in the High Court having supervisory jurisdiction of Court where complaint is filed...........
