Jurisdiction of Section 138 of NI Act
Adv. Santosh Mahanor
(Querist) 05 June 2009
This query is : Resolved
Dear Friends,
Can you explain jurisdiction of Section 138 of N.I.Act, or any latest case law / guidelines regarding the same
A V Vishal
(Expert) 05 June 2009
CRIMINAL APPELLATE JURISDICTION, CRIMINAL APPEAL NO. 2021 OF 2008 [arising out of SLP (Criminal) No. 1712 of 2004]
M/S. HARMAN ELECTRONICS (P) LTD.
& ANR. ... APPELLANTS
VERSUS
M/S. NATIONAL PANASONIC INDIA LTD. ... RESPONDENT
adv. rajeev ( rajoo )
(Expert) 05 June 2009
Where the party resides to whom the cheque is issued and it is returned from which bank.
Eg., A has issued a cheque to B who is in bengaluru. B sent the cheque thru., his banker at Bengaluru. Then Bengaluru court will have jurisdiction.
PARVEEN DEEPAK ARYA
(Expert) 06 June 2009
The territorial jurisdiction to file a complaint will be where the cheque has been dishonoured only .as per latest law of Hon'ble supreme court of india cited in Harman Electronics vs. national panasonic decided on 12-12-08
A. A. JOSE
(Expert) 06 June 2009
You may also refer to two recent judgements reported in (1) AIR 2009 SC 1518 - M/s Kumar Exports vs. M/s Sharma Carpets and:(2) AIR 2009 SC 1538 - S.L.CONSTRUCTION & ANR. V/s.ALAPATI SRINIVASA RAO & ANR. , However, procedures and jurisdiction have been already clarified hereinabove and I endorse the same.
