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KULDEEP TIWARI
Anil Jain – Appellant
Versus
Sandeep Singh Kochhar – Respondent
JUDGMENT
Kuldeep Tiwari, J.
CRM-65600-2011
The present application has been filed seeking condonation of delay of 266 days in filing of the revision petition.
2. Learned counsel for the petitioner has submitted that infact he has filed the instant revision petition on 25.3.2011, whereas, the period of limitation to file the revision petition has expired on 6.3.2011. Thereupon, the Registry of this Court raised some objections on 2-3 occasions, which led to add up the total of 90 days of delay. He further submits that the delay is neither intentional, nor deliberate, but rather because of the some technical reasons, which arose because of non-compliance of filing procedure, of this Court.
3. In view of the above, the instant application is allowed and the delay of 266 days in filing the revision petition is, hereby, condoned.
Main case
4. The instant revision is preferred against the order dated 6.12.2010, passed by the learned Judicial Magistrate 1st Class, Panchkula, whereby, the complaint preferred by the petitioner under Section 138 of the Negotiable Instruments Act, was ordered to be held not maintainable before it being lack of territorial jurisdiction and returned the complaint
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....
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....
Territorial jurisdiction under S.138 of the NI Act may be established where any act related to the offence occurred.
The amendments to the Negotiable Instruments Act are constitutional and do not infringe on the fundamental rights of the accused despite potential inconveniences.
Jurisdiction for dishonor of cheque cases under the Negotiable Instruments Act is determined by the location of related transactional acts, not merely where notices originate.
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.
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