Prabhu Dayal Modi v. M/s. Euro Developers Pvt. Ltd. and Another

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2011 Supreme(Online)(Bom) 4

BOMBAY HIGH COURT
A.S. Oka, J
Prabhu Dayal Modi v. M/s. Euro Developers Pvt. Ltd. and Another

Advocates:
For the Appellants/Petitioners: N/A
For the Respondents: N/A

Table of Content
1. transaction and cheque issuance occurred in jaipur. (Para 2 , 3)
2. jurisdiction relates to where cheque-related actions occur. (Para 4 , 5)
3. legal principles on jurisdiction in cheque dishonor cases. (Para 6 , 8 , 10)
4. notices do not establish trial jurisdiction. (Para 7 , 9)
5. court's decision to quash the complaint based on jurisdiction. (Para 11)

1. Rule. Rule made returnable forthwith. Heard the learned counsel for the parties.

2. Petitioner and his wife are the owners of the plot of land situated at Jaipur. On 24-4-06 an agreement was entered into between the respondent No. 1 / complainant on one hand and the petitioner and his wife on the other. As per that agreement, the petitioner had given development rights over the said land to the respondent / complainant for a consideration of Rs. 2.5 crs. Out of the consideration amount, respondent had made a payment of Rs. 35,01,000/-. The certain terms of the contract could not be fulfilled and the agreement was cancelled. As to who was responsible for the non - compliance of the terms of the contract is not relevant for the purpose of deciding this matter. As the agreement was cancelled, accused / petitioner issu