The judgment of The Supreme Court in Dashrath Rupsingh Rathod Vs. State of Maharashtra & Anrwas passed by the Hon’ble apex court on 1 August, 2014 wherein it was held that “the offence under Section 138 of the Act can be completed only with the concatenation of a number of acts.” Making the courts jurisdiction of the bank where the accused hold the account as the jurisdiction of the court. It’s interesting because huge numbers of case where transferred due the compliance of the above judgment.Feeling the inherent desire to help the numerous complainant the ordinance was passed by the recent government curtailing the ratio held in the dashrath rupsingh.
On the 15th June, 2015 THE NEGOTIABLE INSTRUMENTS (AMENDMENT) ORDINANCE, 2015 was passed curtailing the ratio of Dashrath Rupsingh Rathod Vs. State of Maharashtra & Anr and making the jurisdiction of the complainant bank branch as the territorial jurisdiction of the suit. Now the ordinance has lapse.
Recently judges and the litigants are left again in limbo. Even if the government renew the ordinance a large number of case has already been transfer two and fro within a span of one year. It’s interesting to note that trial of 138 is summary trail wherein Every trial under this section shall be conducted as expeditiously as possible and an Endeavour shall be made to conclude the trial within six months from the date of filing of the complaint.
