Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.ILANGOVAN,
Bullydyers Integrated Solution Private Limited – Appellant
Versus
Jeyavairava Engineering Company Ltd. – Respondent
| Table of Content |
|---|
| 1. overview of petition and underlying facts (Para 1 , 2) |
| 2. petitioners' arguments regarding jurisdiction and multiple complaints (Para 3 , 5 , 6) |
| 3. arguments regarding jurisdiction and multiple complaints. (Para 4) |
| 4. court's observations on cheque issuance and legal standards on inquiry (Para 7 , 17) |
| 5. jurisdiction based on location of drawee bank (Para 9 , 10 , 12 , 14 , 19) |
| 6. application of section 138 and the validity of multiple complaints. (Para 16) |
| 7. implications of irregularities and statutory requirements (Para 21 , 22 , 25 , 26) |
| 8. conclusion on dismissal of petitions (Para 27 , 28) |
ORDER :
G. ILANGOVAN, J.
1. These criminal original petitions have been filed seeking quashment of the STC No.207 of 2023 and 687 of 2022 on the file of the Fast Track Court-II, (JM Level), Madurai.
2. The facts in brief:-
The case in STC No.207 of 2023 was filed by the respondent herein before the Fast Track Court No.II at Judicial Magisterial Level, Madurai with the following averments:-
The accused 2 and 3 along with the Director of the Company approached them for financial support to develop their business activities. The amount was given on various dates from 12/11/2020. The amou
Separate complaints under Section 138 of the Negotiable Instruments Act for different cheque amounts are valid, and jurisdiction is confirmed based on the drawee bank's location, despite the accused ....
An inquiry under Section 202 of the CrPC is mandatory before issuing summons to an accused residing outside the Magistrate's jurisdiction in cases under Section 138 of the NI Act.
The court established that the amendment to Section 202(1) of the Cr.P.C. requires an inquiry only when the accused resides outside the jurisdiction, but if sufficient grounds are evident from the re....
The main legal point established in the judgment is the interpretation of jurisdictional issues and the maintainability of a single complaint for different causes of action under Section 138 of the N....
The legal presumption of issue of cheque in discharge of liability can be rebutted only during the trial, and the Court should not quash a complaint at a pre-trial stage if the complaints are not pre....
Issuance of summons without conducting inquiry under Section 202 of the Cr.P.C. is impermissible, making the cognizance under Section 138 of the N.I. Act unsustainable.
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
