Cheque - Jurisdiction


Order dated : 16-09-2020


Negotiable Instrument Act, 1881, Section 138 -  Delivery challan states that all disputes will be subject to the jurisdiction of courts in Siliguri -  Complaint filed in Agra  -   Does not constitute a bar for the courts in any other jurisdiction to entertain the proceedings, it is always open to the petitioners to raise this point before the Agra Court -  Cannot be a ground for seeking transfer. 2020 SCeJournal 1711


Negotiable Instrument Act, 1881, Section 138 -  Fact that the petitioner-accused have made a prior complaint to the police about the loss that he sustained on account of the poor quality of goods supplied by the respondent-complainant cannot be a ground to seek the transfer of the proceedings under Section 138 to the place where the criminal complaint is filed. 2020 SCeJournal  1711


Negotiable Instrument Act, 1881, Section 138, 142(2)(a) - Head Office of complainant at Siliguri - Complaint filed in Agra - Cannot be a ground for seeking transfer -  Under Section 142(2)(a) court within whose jurisdiction the branch of the bank where the payee maintains the account is situated, will have jurisdiction to try the offence, if the cheque is delivered for collection through an account. 2020 SCeJournal 1711


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