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Ankit Saha (CEO)     22 May 2013

Jurisdiction in ni act

Cheque issued from a Gurugaon form on a Gurgaon branch of ICICI, My sister living in Delhi presented in her Delhi branch of HDFC which bounced. She filed case in a Delhi court. Will this lead to accused raising territory issues and avoid conviction? 



Learning

 7 Replies

Kundan Kr. Singh (Advocate)     22 May 2013

No,Delhi court has jurisdiction.

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     22 May 2013

Dear Ankit,

 

All the acts were done at Delhi, so Delhi Courts have Jurisdiction.

 

Rajiv Bhasin 

Advocate

MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com)     22 May 2013

This is a criminal case and not for civil recovery so the case can be filed  ONLY where the cheque has bounced and AT  no other place.

 

If defense advocate is expereinced , it will be the first objection before further steps in the case.

Advocate Bhartesh goyal (advocate)     22 May 2013

Court having jurisdiction to try the case of cheque bouncing where any one of act is done

Supreme Court has ruled while deciding the case A.I.R 1999 S.C 3762 K.Bhaskaran vs Sankaran that the court has jurisdiction to try the case where any one of the five acts is done
{1}Drawing of the cheque
{2}Presentation of cheque to the bank
{3}Returning of the cheque unpaid by the drawee bank
{4}Giving notice in writing to the drawer of 
cheque demanding payment of the cheque amount
{5}Failure of the drawer to make payment within 15 days of receipt of notice.

so Delhi court has jurisdiction to try the case.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     23 May 2013

Bhaskaran case is old case and it has been magnified and simplified in recent SC judgements.

FROM FEW OF VERY RECENT SC JUDGMENTS.-

1) We regret that such a principle cannot be applied in a criminal case.

Jurisdiction of the Court to try a criminal case is governed by the provisions
of the Criminal Procedure Code and not on common law principle.
 
2) Section 177 of the Code of Criminal Procedure determines the
jurisdiction of a court trying the matter. The court ordinarily will have the
jurisdiction only where the offence has been committed. The provisions of
Sections 178 and 179 of the Code of Criminal Procedure are exceptions to
Section 177. These provisions presuppose that all offences are local

Advocate Bhartesh goyal (advocate)     26 May 2013

A.I.R 1999 S.C 3762 K.Bhaskaran vs Sankaran has not been overruled till today.Even Supreme Court has followed the said judgment in various recent .judgments i.e Smt Shamshad Begam vs B.Mohmmed 2008 civil cout cases 567 [S.C],M/S Harman Electronics Pvt Ltd vs M/S National Panasonic India Ltd 2009 [1]civil court cases464 [S.C]

Jurisdiction to try the N.I Act cases are specificaly. determined  in Bhaskaran case  

 

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     27 May 2013

The Bhaskaran case has not been over ruled but magnified and simplified by various benches of APEX COURT and now being followed by all HIGH COURTS.

 

The above portions are from recent DIVISION BENCH citations and same will prevail.


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