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R.BASANT
Santhosh Kumar – Appellant
Versus
Mohanan – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Grashious Kuriakose and Mr. George Sebastian, Advocate.
For the Respondents: Mr. P.R. Ramachandran Menon and Mr. Jikku George Jacob (Public Prosecutor).

JUDGMENT

R. Basant, J.—Which Court has territorial jurisdiction to try the accused for an offence under Section 138 of the Negotiable Instruments Act? Can the complainant present the cheque for collection at any Bank anywhere in India and on that ground alone compel the drawer to contest the indictment at such place? Which is the Bank referred to as venue No. 2 in Bhaskaran v. Balan1? Is it the drawee Bank only or any Bank anywhere in India where the cheque is presented by the payee or the holder in due course for collection? How is the expression “the Bank” appearing in Bhaskaran (supra) to be understood and interpreted in the light of the decision in Shri Ishar Alloy Steels Ltd. v. Jayaswals NECO Ltd.2? These interesting questions have been raised for consideration in this case by the learned counsel for the petitioner though in the petition, transfer has been claimed only to cater to the interests of the convenience of the parties.

2. An oppressive practice appears to have come to stay following the decision in Bhaskaran (supra). These questions are raised cognizant of the convenience, prejudice and injustice which drawers of cheques are compelled to face and endure as a result









































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