section 138 of Negotiable Instrument Act, 1881

If we go by the judgment of the Hon’ble Supreme Court in Harman Electronic, the complaint has to be instituted at Nagpur i.e. where the drawer of the cheque resides. Please peruse the below comment for more clarification.

In the judgment of Harman Harman Electronics (P) Ltd. and  Anr V/s National Panasonic India Ltd. the Hon’ble Supreme court has only discussed the below mention judgment of it on the point of territorial jurisdiction for filing complaint under section 138 of the Negotiable Instrument Act  and have not overruled them.

i.          K. Bhaskaran v. Sankaran Vaidyyan Balan and Anr. MANU/SC/0625/1999

ii.         Dalmia Cement (Bharat) Ltd. v. Galaxy Traders and Agencies Ltd. and Ors. MANU/SC/0041/2001

iii.       State of Punjab v. Amar Singh Harika MANU/SC/0314/1966

iv.        State of Punjab v. Khemi Ram MANU/SC/0434/1969

v.         Sultan Sadik v. Sanjay Raj Subba and Ors. MANU/SC/0004/2004

vi.        Mosaraf Hossain Khan v. Bhagheeratha Engg. Ltd. MANU/SC/8067/2006

vii.      Y.A. Ajit v. Sofana Ajit MANU/SC/7888/2007.

In view of the aforesaid, now opinion of the Hon’ble supreme court stand divided for the reason that the Harman Electronics (P) Ltd. and  Anr V/s National Panasonic India Ltd has also been passed by the two judge bench.

Unless there is a judgment of three judge bench of the Hon’ble Supreme Court, the confusion/uncertainty with regard to territorial jurisdiction of court will be prevalent among the judges and advocates.

Suggest you to peruse the aforesaid judgment for indepth clarity.

Regards,

Ravish Kumar

You may prefer a Revision Application before Sessions Court seeking for necessary directions to the trial court for admitting the complaint and entertaining the same by quoting Section 178(b) of Criminal Procedure Code, wherein it is prescribed that the place where the cheque was handed over and the place where it was dishonoured will have jurisdiction.  Criminal Revisions will sustain.

It is the court in which place the cheque was dishonoured.