Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction of Court - Inquiry, trial or other proceedings in respect of a case u/s 138 of the Act can be held only by a Court within whose local jurisdiction the cheque is delivered for collection i.e. the branch of bank of payee where payee or holder in due course, as the case may be, maintains..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction of Court - Provision contained in S.177 Cr.P.C. do not apply to cases under Negotiable Instruments Act while determining territorial jurisdiction of a Court, as S.142 of the Act begins with a non obstinate clause which uses the expression `only' meaning thereby only those Courts which..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction of Court - Complainant presented cheque in his bank account which is beyond local territorial jurisdiction of trial Court - It is not a case where complainant had presented cheque for payment otherwise through an account, in that case even location of branch of drawee bank where drawer..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction of Court - Court which lacks inherent jurisdiction to entertain a case cannot be vested with jurisdiction by consent of parties...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction of Court - Complainant contended that petitioner by participating in the proceedings before trial Court and even negotiating settlement with complainant has acquiesced to jurisdiction and he cannot be permitted to challenge the jurisdiction of trial Court at this stage - Contention..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Financial capacity of complainant - Onus is not on complainant at the threshold to prove his capacity/financial wherewithal to make the payment in discharge of which the cheque is alleged to have been issued in his favour - Only if an objection is raised that complainant was not in a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Plea that cheque was lost - Intimation to police dated 12.03.2010 but it reach police only in the year 2011 - Respondent No.2 admitted in his cross examination that such intimation was sent to police only in 2011 but was never converted into a formal FIR - This further raises serious..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Signatory of cheque arrayed as accused and is also the person in charge - Complaint is maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Lok Adalat award - Execution - Lok Adalat award concerning criminal case u/s 138 of the Act is executable by Civil Court in case of default committed by Judgment Debtor...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Director - Petitioner being independent director had resigned prior to issuance of most cheques and was not signatory to any of them - Complaints are silent qua any active role of petitioner in business of company - Statutory requirement u/s 141 of the Act is not satisfied -..........
