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AMAN CHAUDHARY
P. S. Raj Steels Private Ltd. – Appellant
Versus
Reliance Steel Industries – Respondent
| Table of Content |
|---|
| 1. facts regarding complaint and dishonoured cheque. (Para 1 , 2) |
| 2. argument against returning the complaint. (Para 3) |
| 3. court's observations on jurisdiction issues. (Para 4 , 5 , 8 , 9) |
| 4. ratio decidendi on jurisdiction under amended section 142. (Para 6 , 7) |
| 5. conclusion to restore the complaint. (Para 10) |
JUDGMENT
Aman Chaudhary, J.
Present petition has been filed under Section 482 Cr.P.C. for setting aside of order dated 17.10.2014, vide which the complaint case No.2620-II dated 02.12.2013 titled as ' P.S. Raj Steels Private Ltd. v. Reliance Steel Industries and another' under section 138 of the Negotiable Instruments Act, was returned in original to be filed at the place having its proper jurisdiction.
2. Briefly put, the facts as emerge from the complaint, are that respondents had purchased SS Pipes from the complainant-petitioner on credit and in order to discharge the liability, issued a cheque dated 24.10.2013, for an amount of Rs.1,79,900/-, which was drawn on HDFC Bank, Indrapuri, Bhopal, got dishonoured with remarks 'stop payment' vide memo dated 29.10.2013. The legal notice of demand dated 06.11.2013, having evoked no response, the complaint dated 02.12.
Objections to territorial jurisdiction must be raised timely; if belated, they can be dismissed to prevent injustice, especially after trial advancement.
Jurisdiction for offences under Section 138 of the Negotiable Instruments Act is determined by the location of the bank where the cheque is presented for collection.
Section 142 (2) of Negotiable Instruments Act read cognizance of offences.
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 court clarified that jurisdiction for dishonour of cheque cases under Section 138 can be established where any act related to the offence occurred, emphasizing the broad scope of territorial juri....
Territorial jurisdiction under S.138 of the NI Act may be established where any act related to the offence occurred.
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