SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2013 Supreme(SC) 1233

A.K.PATNAIK, JAGDISH SINGH KHEHAR
FIL Industries Limited – Appellant
Versus
Imtiyaz Ahmed Bhat – Respondent


Advocates:
Advocate Appeared:
For the Appellant: Purnima Bhat, Adv.
For the Respondents: S.M. Ayub, Shakil Ahmed Syed, Shuaib-Uddin, Mohd. Parvez Dabas, Advs.

ORDER

1. We have heard Learned Counsel for the parties. Leave granted.

2. The facts very briefly are that the Respondent delivered a cheque dated 23 December, 2010 for an amount of Rs. 29,69,746 (Rupees Twenty Nine lakhs sixty nine thousand seven hundred forty six only) on Jammu and Kashmir Bank Limited, Branch Imam Saheb, Shopian, to the Appellant towards some business dealings and the Appellant deposited the same in UCO Bank, Sopore. When the cheque amount was not encashed and collected in the account of the Appellant in UCO Bank Sopore, the Appellant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 before the Chief Judicial Magistrate, Sopore. The Respondent sought dismissal of the complaint on the ground that the Chief Judicial Magistrate had no territorial jurisdiction to entertain the complaint. By order dated 29 November, 2011, the learned Chief Judicial Magistrate, Sopore, however, held that he had the jurisdiction to entertain the complaint. Aggrieved, the Appellant filed Criminal Miscellaneous Petition No. 431 of 2011 under Section 561A of the Jammu and Kashmir Code of Criminal Procedure and by the impugned order dated 2 June, 2012, the High Court












Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top