Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Jurisdiction - Courts where any of the five acts are done have jurisdiction to entertain complaint, viz. (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 cheque demanding payment to..........
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...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Merely issuing notice from Bangalore does not confer jurisdiction on Court at that place when both parties are in Mumbai and cheque was issued and dishonoured at Mumbai and it was in Mumbai that accused received notice of dishonour of cheque - Complaint ordered to be returned to be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Presentation of cheque and issuance of notice - If cheque is presented at a place where complainant does not ordinarily resides or carries on his business and issues notice from that place then Court at that place has no jurisdiction...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque Petition u/s 482 Cr.P.C. - Bifurcated territorial jurisdiction of High Court - Order passed by a Court falling within the functionally bifurcated territorial jurisdiction of Principal seat - Order can be challenged by maintaining appeal, revision or..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Cheque dishonoured by Bank at Jaipur - Cognizance order passed by Court falling within functionally bifurcated territorial jurisdiction of Principal Seat at Jodhpur - Revision of Misc. appeal challenging order can be passed at Principal Seat at Jodhpur and not at Jaipur...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused residing beyond jurisdiction of Court - Summoning order passed relying upon the statement of complainant and documents tendered in evidence - Set aside as procedure envisaged u/s 202 Cr.P.C. not followed - In a case where accused is residing beyond jurisdiction of Court, Magistrate has to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - If the complainant calls upon the accused to make payment at a place mentioned in the demand notice and the accused fails to make payment at that place, part of cause of action arises at that place...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Registered office of complainant at Mumbai, purchase order placed at Mumbai, statutory notice issued from Mumbai and accused was called upon to pay the amount at Mumbai, cheque was deposited at Mumbai and it was dishonoured at Mumbai - Held, Court at Mumbai has jurisdiction...........
