Manish Sahni (Advocate) 10 January 2012

Jurisdiction of cheque dishonour

Dear All, Please help me if there is a recent judgement on Cheque dishonour jurisdiction.

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4 Replies

M.Sheik Mohammed Ali (advocate) 10 January 2012

only accused jurisdiction bank only. by SC order

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 10 January 2012

number of citations in this matter, you have to contest from day one to fit your case in one of the citations.

read Hermann posted many times on this site.

pervez (adviser) 10 January 2012

Dear,

Section 177 of Code of Criminal Procedure which defines Ordinary place of inquiry and trial, provides that Every offence shall ordinarily be inquired in and tried by a Court within whose local jurisdiction it was committed.

Section 178 of Code of Criminal Procedure which defines Place of inquiry or trial, provides that

(a) When it is uncertain in which of several local areas an offence was committed, or

(b) where an offence is committed partly in one local area and partly in another, or

(c) where an offence is a continuing one, and continues to be committed in more local areas than one, or

(d) where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas.

Case Laws

K. Bhaskaran Vs. Sankaran Vaidhyan Balan AIR 1999 SC 3762

Musaraf Hossain Khan v. Bhagheeratha Engg. Ltd. AIR 2006 SC 1288

Kirti Dal Udyog Vs Bhanwar lal Ramchandra Chandak II (1996) BC 192 Bom

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1715 OF 2008

(Arising out of SLP (Crl.) NO.73 of 2006)

Smt. Shamshad Begum ....Appellant

Versus

B. Mohammed ....Respondent

1) The place of dishonour would normally determine the place where the complaint under Sec. 138 would be filed (AIR 2006 SC 1288)

(2) Where there is uncertainty about the place of jurisdiction, the payee may have a choice of place of jurisdiction where a part of cause of action has arisen (AIR 1999 SC 3762).