Back
MANOJ KUMAR GARG
Ram Kishore Singhal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Instant misc. petitions under Section 482 Cr.P.C. have been filed by the petitioners against the order dated 01.03.2019 passed by learned Additional Sessions Judge No. 1, Jodhpur Metropolitan whereby, the learned Additional Sessions Judge upheld the order dated 26.02.2018 passed by Metropolitan Magistrate No. 9, Jodhpur Metropolitan rejecting the application filed by the petitioners under Section 142 (1) & 142(2) of the N.I. Act.
2. Brief facts of the case are that the complainant filed a criminal complaint against the petitioner under section 138 of the N.I. Act before Additional Civil Judge(JD) and Metropolitan Magistrate (N.I. Act Cases) No. 1 Jodhpur Metropolitan. The Additional Civil Judge (JD) and Metropolitan Magistrate (N.I) Act Cases) No. 1 Jodhpur Metropolitan, took cognizance for offence under Section 138 N.I. Act against the petitioner. The petitioner moved an application dated 23.12.2017 under Section 142 (1)(2) N.I. Act read with Section 461 (k)(l) Cr.P.C stating therein that the complaint was not lodged within the local/territorial jurisdiction of paying bank, which amounts to violation of mandatory provisions of section 142(2) and 142A of the N.I. Act. Th
The jurisdiction for offenses under Section 138 of the Negotiable Instruments Act is determined by the location where the cheque was presented for collection, and a transfer of proceedings to the app....
Objections to territorial jurisdiction must be raised timely; if belated, they can be dismissed to prevent injustice, especially after trial advancement.
When such amendment was brought in 2015 and inserted section 142(2) of the NI Act, the very contention of the petitioner that the Bijapur Court is not having jurisdiction to try the complaint filed f....
(1) Dishonour of cheque – Jurisdiction to try complaint filed under Section 138 in respect of cheque delivered for collection through an account payee cheque, is vested in court within whose local ju....
Jurisdiction for complaints under Section 138 of the N.I. Act lies where the cheque is presented for collection; mere inconvenience does not justify transfer under Section 406 Cr.P.C.
Territorial jurisdiction under S.138 of the NI Act may be established where any act related to the offence occurred.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
