Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Jurisdiction - If cheque is delivered for collection at a branch other than where payee or holder in due course maintains an account, branch of Bank where payee or holder in due course maintains the account shall be treated as branch of Bank for the purpose of S.142(2)(a) of the Act...........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Jurisdiction - Complainant maintains his account at `A' Branch - He has no account at `T' Branch - Even though complainant delivered the cheque for collection at `T' Branch of same Bank, by virtue of deeming provisions contained in S.142(2) Explanation of the Act, `A' Branch of the bank has..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Jurisdiction of Court - When cheque is delivered or issued to a person with liberty to present the cheque for collection at any branch of bank where payee or holder in due course maintains the account and within the jurisdiction of Court, where such cheque was presented for collection will..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Question of jurisdiction of Court - When question of jurisdiction to be decided, said challenge should be raised before same Court and said Court has jurisdiction to decide question of jurisdiction and question of jurisdiction never be a subject matter of challenge in a writ petition...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Territorial jurisdiction of Court - Complaint was filed at the place where cheque was presented in the branch falling within jurisdiction of Court - However, same was retuned in view of unamended provision of S.142 of the Act - Amendment in S.142 of the Act has retrospective effect - Complaint..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a), Criminal Procedure Code, 1973, Section 407 -- Dishonour of cheque - Transfer of case - Cheque was presented by complainant for encashment with his banker at Bank in District Hamirpur - In view of amendment of S.142(2)(a) of N.I. Act, jurisdiction to try complaint vested with Court of competent jurisdiction in..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction - Cheque presented and dishonoured at place `B' - Compliant filed at place `T' - Offence u/s 138 of the Act can be tried by Court within whose jurisdiction the branch of the bank where payee maintains the account is situated, if cheque is delivered through an account - Cognizance taken..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 70 -- Dishonour of cheque - Non-bailable warrants issued against accused for procuring his presence - Accused is ready and willing to surrender/submit himself to jurisdiction of trial Court, but for having apprehension of arrest he has been constrained to approach Court - Non-bailable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Specific averments in complaint regarding responsibility of both the accused in firm - There were sufficient grounds to proceed against accused at the stage and order was passed u/s 204 Cr.P.C - No interference warranted by exercising jurisdiction to quash the proceedings at..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204(2) -- Dishonour of cheque - Non furnishing list of witnesses - Issuance of process - Provision of S.204(2) Cr.P.C. is mandatory but this by itself does not vitiate the issue of process or jurisdiction of Court - Moreover, S.145 of N.I. Act which is pari materia to S.254(2) Cr.P.C..........
