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ABHAY S. OKA, UJJAL BHUYAN
Kamal Enterprises – Appellant
Versus
A. K. Constructions Co. – Respondent
| Table of Content |
|---|
| 1. overview of the case and parties involved. (Para 1) |
| 2. petitioners argue trial court lacks jurisdiction. (Para 2) |
| 3. court's observations on jurisdiction and appearance. (Para 3 , 4) |
| 4. dismissal of transfer petitions. (Para 5) |
ORDER :
1. Heard the learned counsel appearing for the petitioners.
2. The petitioners are the accused in the complaints filed under Section 138 of the Negotiable Instruments Act, 1881. The contention of the petitioners is that the Trial Court before which the complaints have been filed by the respondent has no jurisdiction to entertain the complaints. The petitioners are entitled to raise the said contention before the learned Magistrate who is empowered to return the complaint for presentation to proper Court, if the learned Magistrate is satisfied that the Court has no territorial jurisdiction.
3. Therefore, this ground of lack of territorial jurisdiction cannot be considered in these Transfer Petitions.
4. On an application made by the accused, the Trial Court can always grant exemption from personal appearance subject to condition that whenever their presence is mandatory, they must attend the Court.
5. Subject to what is observed above, the T
A trial court's jurisdiction in complaints under Section 138 must be contested before the magistrate, who can return complaints to the appropriate court if needed.
Dishonour of cheque – At instance of accused, Court cannot issue order of transfer of complaint under Section 138 of Negotiable Instruments Act, 1881.
The court balanced the provisions of Section 138 of the Negotiable Instruments Act, 1881 with the petitioner's right to seek exemption from personal appearance based on her status as a woman and a se....
The court clarified that a complaint under Section 138 of the N.I. Act should be decided by the original court when jurisdiction is not contested, setting aside the transfer order.
Point of Law : It is crystal clear that, when there is no inherent lack of jurisdiction, lack of territorial jurisdiction or ground of irregularity of procedure an order or a sentence awarded by a co....
Jurisdiction for cheque dishonor cases is primarily determined by the location of the payee's bank, as articulated in Section 142 of the N.I. Act.
Jurisdiction for offences under Section 138 of the Negotiable Instruments Act is determined by the location of the bank where the cheque is presented for collection.
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