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IN THE HIGH COURT OF ORISSA AT CUTTACK
Sanjay Kumar Mishra
Sangram Keshari Routray – Appellant
Versus
Hexagon Infrastructures Private Ltd. – Respondent
| Table of Content |
|---|
| 1. jurisdiction for filing based on bank location. (Para 1 , 2 , 3 , 9 , 10) |
| 2. proper procedures for handling complaints and jurisdiction issues. (Para 6 , 8 , 11) |
| 3. court's directive on proper filing procedures. (Para 12 , 13 , 14) |
JUDGMENT :
S.K. MISHRA, J.
1. This transfer petition has been filed under Section 447 of the Bharatiya Nagarika Surakhya Sanhita, 2023 , shortly, “BNSS”, by the Petitioner, who is the Complainant in 1CC Case No.172 of 2024, which is now pending in the Court of learned JMFC-II, Cuttack, for transfer of the said proceeding to the Court of learned JMFC-IV, Bhubaneswar.
2. Learned Counsel for the Petitioner submits, the cheque was issued by the Accused, drawn on IndusInd Bank, Cuttack Chandi Road Branch, Cuttack. The same was deposited by the Petitioner, who is the Complainant in 1CC Case No.172 of 2024, in his Bank Branch at Bhubaneswar i.e. IndusInd Bank, Lewis Road Branch, Bhubaneswar. The said cheque was dishonoured and returned to him vide Cheque Return Memo dated 23.10.2024 with a noting “Drawers signature not as per mandate in the account”.
3. Learned Counsel for the Petitioner further submits, though in terms of sub-section 2 under sectio
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.
The jurisdiction for cases under the Negotiable Instrument Act is determined by where the cheque is presented for collection, affirming that local jurisdiction is based on the location of witnesses a....
Jurisdiction under Section 138 cannot be conferred solely by issuing statutory notices from a different location.
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....
Territorial jurisdiction under S.138 of the NI Act may be established where any act related to the offence occurred.
Jurisdiction for cheque dishonor complaints is determined by the location of the bank where the account is maintained, and transfer requests cannot be granted based solely on inconvenience.
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