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CHHATTISGARH HIGH COURT
*Deepak Gupta, C. J., Sanjay K. Agrawal, J.
Vikas Lakshmipat Bafna and Another v. Union of India and Others
| Table of Content |
|---|
| 1. challenge to constitutionality of amendments in the n.i. act. (Para 1 , 2) |
| 2. discussion on legal precedents relating to jurisdiction. (Para 3 , 4 , 5) |
| 3. arguments against amendments affecting defendant rights. (Para 10 , 11 , 14) |
| 4. judicial affirmation of amendments maintaining jurisdiction. (Para 19 , 25) |
| 5. final dismissal of writ petition. (Para 26) |
1. By means of this petition, the Petitioners have challenged the constitutional validity of sub-section (2) of S.142 and S.142A of the Negotiable Instruments Act as amended by The Negotiable Instruments (Amendment) Act, 2015.
2. The Petitioners had issued a cheque in favour of private Respondent No. 3. The Bank of the Petitioners is Axis Bank situated at Kolkata. The cheque was presented by Respondent No. 3 at Raipur and when the cheque was dishonoured, proceedings under the Negotiable Instruments Act (hereinafter called 'the Act') were initiated at Raipur in the year 2011. These proceedings continued till 2014. Thereafter, a three Judge Bench of the Apex Court decided a number of cases, lead case being Dashrath Rupsingh Rathod v. State of Maharashtra , 2014 AIR SCW 4798 : AIR 2014 SC 3519 and held that only that Cou
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