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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
R.Nataraj
Krishna Valley Vineyard Private Limited – Appellant
Versus
Bank Of India, Bengaluru Main Branch – Respondent
| Table of Content |
|---|
| 1. petitioners sought financial assistance for a winery. (Para 2 , 3 , 4) |
| 2. petitioners received summons for dishonor of cheque. (Para 5 , 6) |
| 3. respondent challenged the maintainability of the writ petition. (Para 7 , 8) |
| 4. writ petition dismissed due to lack of jurisdiction. (Para 10 , 11 , 12) |
ORDER :
R. Nataraj, J.
The petitioners have sought for writ in the nature of certiorari to quash the proceedings before the Court of the Metropolitan Magistrate, South Delhi, in Case No.8468/2018 and Summons dated 25.03.2019. They have also sought for a direction to the respondent No.1 to repay the loan due to the respondent No.2 out of the one time settlement amount.
2. The petitioner No.1, petitioner No.2 as the borrowers and petitioner Nos.3 to 6 as the guarantors approached the respondent No.1 in the year 2011 for financial assistance for setting up a winery. Accordingly, certain Agriculture Term Loan, Agriculture Cash Credit, Agriculture Demand Loan, Small Scale Industry Demand Loan were sanctioned. The petitioner No.1 thereafter approached the respondent No.2 seeking assistance by way of venture capital. The respondent No.2 sanctioned a sum of Rs.25,43,000/- towards venture
Jurisdiction under Article 226 requires cause of action to arise in the state where the petition is filed; otherwise, the petition is not maintainable.
(1) Dishonour of cheque – At stage of issuance of process, statutory presumption under Section 139 of N.I. Act cannot be dislodged in a summary manner merely by contending that cheque issued was not ....
Dishonour of cheque – Proceedings under Section 138 of NI Act would lie only in respect of any ‘enforceable debt’.
Point of law : Section 142(2)(a) of the Act coupled with the explanation to the same makes it clear that even if the payee presents the cheque at another branch of his Bank, the home branch where he ....
The accused has the responsibility of spelling out their defense to the court and proving it.
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