Negotiable instrunment act, sec 138
khalid jaffrey
(Querist) 03 July 2015
This query is : Resolved
suppose "A" a businessman who lives in delhi issued a cheque to "B"who lives in kolkata.
"A" issued a cheque of a particular bank to "B" in delhi on particular date.
"B" presented that cheque in kolkata branch of that particular bank.
the cheque is dishonoured on account of insufficient fund.
where is the jurisdiction of filing the case.
how does the recent Negotiable Instruments (Amendment) Ordinance, 2015 affects the jurisdiction.
does the recent amendment overrides the Dashrath Rupsingh Rathod vs. State of Maharashtr, ruling held by three judge bench in SC.
Plz help me out with the query.
Regards,
Advocate Bhartesh goyal
(Expert) 04 July 2015
As per N.I.Act (amendment ) ordinance 2015 jurisdiction lies at Kolkata where B presented cheque for its collection.Due to recent amendment in N.I.Act,judgment Dashrath Roop Singh Rathore vs State of Maharashtra has lost its legality.
Rajendra K Goyal
(Expert) 07 July 2015
Agree with the expert Advocate Bhartesh goyal.
