Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Territorial jurisdiction - Complaint filed in the year 2012 - Benefit of Amended Act of 2015 would not be given to petitioner, as claimed by petitioner - Moreover, entirely a new plea of territorial jurisdiction has been raised by petitioner - No such plea had been raised either before Trial Court..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction - Court at place where cheque is presented for collection in a bank where payee or holder in due course maintains his account, has jurisdiction to try the complaint...........
Negotiable Instruments Act, 1881, Section 138, 142(As -- (As amended w.e.f. 15.06.2015) - Dishonour of cheque - Jurisdiction - Court at place where cheque is presented for collection in a bank where payee or holder in due course maintains his account, has jurisdiction to try the complaint...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Accused residing outside jurisdiction of Court - Enquiry u/s 202 Cr.P.C. - Enquiry u/s 202 Cr.P.C. whether attracted even for offence u/s 138 NI Act - Question of law left open...........
Negotiable Instruments Act, 1881, Section 138, 142(2)(as - - Dishonour of cheque - Territorial jurisdiction - Place where a cheque is delivered for collection i.e. the branch of bank of payee or holder in due course, where drawee maintains an account, would be determinative of place of territorial jurisdiction...........
Negotiable Instruments Act, 1881, Section 142A(as - - Dishonour of cheque - Territorial jurisdiction - Multiple complaints for dishonour of cheques against the same party can be filed only in one Court even though the cheques might have been presented in different banks at different places...........
Negotiable Instruments Act, 1881, Section 142A(as - - Dishonour of cheque - Territorial jurisdiction - When the cheque is delivered for collection through an account, complaint is to be filed before the Court where branch of bank is situated, where the payee or the holder in due course maintains his account - Whereas, when the cheque is presented for payment over the..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(as - - Dishonour of cheque - Territorial jurisdiction - All criminal complaints for dishonour of cheques pending as on 15th June 2015 in different Courts in India would be transferred to Court which has the jurisdiction to try such case, i.e. such pending cases would stand transferred to Court having jurisdiction over..........
Negotiable Instruments Act, 1881, Section 142A(as - - Dishonour of cheque - Territorial jurisdiction - Provisions of Cr.P.C, would have to give way to the provisions of instant enactment on account of no, obstante clause in S.142A (1) of Act...........
Negotiable Instruments Act, 1881, Section 138, 142(2) -- Dishonour of cheque - Territorial jurisdiction - Cheque in question was delivered for collection at the Bank situated at place `U', where complainant has no account - However, by virtue of S.142(2) explanation, of N.I.Act, it is deemed to have been delivered at the Bank, at place `A' where the centralized pooling..........