Negotiable Instruments Act, 1881, Section 138, 139, 141 -- Dishonour of Cheque - Jurisdiction - Cheque issued in favour of company located at Faridabad - Company deposited cheque with bank at Faridabad for encashment - The drawer bank located in UP - Held, Faridabad Court has also jurisdiction to entertain complaint and take cognizance of offence...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Acquittal - Appeal against acquittal in a private complaint lies to High Court - Order passed in appeal by Additional Sessions Judge set aside as without jurisdiction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Complainant having its registered office in Mumbai and Corporate Office in Mumbai, loan amount payable at Corporate Office, Notice was sent from the Corporate Office - Held, Court at Mumbai has jurisdiction...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Necessary averments in complaint as regards jurisdiction of Court and as to petitioner being in charge and responsible for the conduct of business of the company - Held, there is sufficient compliance with the provision of S.141 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Court at the place where cheque was handed over has jurisdiction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Mere giving of notice by a lawyer at a station other than that of the complainant does not confer jurisdiction on a court to try an offence u/s 138 of the Act at a place where the lawyer resides...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Any dispute as to territorial jurisdiction has to be raised at the earliest opportunity, at least before the starting of trial...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Revision against the summoning order allowed on the ground that trial court was not having territorial jurisdiction to entertain complaint - Second revision in the High Court held, not maintainable - Moreover there was neither abuse of process of court or miscarriage of justice warranting interference...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Accused company that is the drawer, based in Kanpur issued cheque on the drawee bank which is also placed in Kanpur - Payee company i.e. complainant having branch office at Kanpur but corporate office at Gurgaon - Cheque in question was presented for collection at Gurgaon - Held,..........
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..........
