Sec 138 of the negotiable instrument act
Chandrasen Upadhyay
(Querist) 04 June 2015
This query is : Resolved
Dear Experts,
May I request you please throw clarity on filing of the cases U/s 138 of the Negotiable Instrument Act?
As per latest verdict of the Hon'ble supreme court a complaint has to be filed in the jurisdiction where the accused's /cheque drawer's bank branch is situated and because of this verdict lot many matters transferred from one city/ state to another city/ state.
Please advice on the present status. Regards
SAINATH DEVALLA
(Expert) 04 June 2015
There is nothing in it,as it is applicable to all the pending cases also.
Kiran Kumar
(Expert) 04 June 2015
The law has to b applied as interpreted by the Hon'ble Supreme Court.
No personal views to supersede SC judgment.
Rajendra K Goyal
(Expert) 04 June 2015
Ruling by SC is applicable, no personal views.
Anirudh
(Expert) 04 June 2015
Dear Mr. Upadhyay,
In order to overcome the said decision of the Supreme Court, Govt.. has already moved Negotiable Instruments (Amendment) Bill 2015 (Bill 151 of 2015) in the Parliament.
The Lok Sabha has already passed it and Rajya Sabha is yet to be pass it.
Govt. is thinking in terms of bringing in Ordinance to this effect.
Once the amendment gets parliamentary approval, then the amended Section 142(2) will read as: "The Offences under Sec. 138 shall be enquired into and tried ONLY by a court within whose local jurisdiction the bank branch of the payer where the payer presents the cheque for payment is situated."
Till the amendment comes, the decision of the SC will hold good.
