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2014 Supreme(Raj) 324

T.S.THAKUR, VIKRAMAJIT SEN, C.NAGAPPAN
Dashrath Rupsingh Rathod – Appellant
Versus
State of Maharashtra – Respondent


Judgement Key Points

Based on the provided legal document, here are the key points regarding the territorial jurisdiction under Section 138 of the Negotiable Instruments Act, 1881:

  • The Place of Offence: The offence under Section 138 is committed no sooner the cheque is returned unpaid by the drawee bank; therefore, the territorial jurisdiction is restricted to the court within whose local limits the cheque was dishonoured (!) (!) (!) (!) (!) .
  • Distinction Between Offence and Cognizance: While the offence is complete upon dishonour, the cognizance of the offence is deferred until the conditions in the proviso to Section 138 are satisfied (presentation, notice, and failure to pay), which do not constitute ingredients of the offence itself but are prerequisites for prosecution (!) (!) (!) (!) (!) .
  • Rejection of Multiple Jurisdictions: The view that jurisdiction could be claimed at any of the five places (drawing, presentation, dishonour, notice issuance, or failure to pay) as held in Bhaskaran is overruled; unilateral acts like presenting the cheque at a specific bank or issuing a notice from a specific location do not confer territorial jurisdiction (!) (!) (!) (!) (!) (!) .
  • Relevance of Civil Law Concepts: Civil law concepts such as "cause of action" and the provisions of Section 20 of the Code of Civil Procedure (CPC) are not strictly applicable to determine territorial jurisdiction in criminal proceedings under Section 138; instead, Section 177 of the Code of Criminal Procedure (CrPC) applies (!) (!) (!) .
  • Exceptions for Combined Offences: If the dishonour of the cheque is part of a single transaction involving other offences (like cheating or dishonestly inducing delivery of property), the court may have jurisdiction at the place where the inducement took place or where the property was delivered, pursuant to Sections 182, 184, and 220 of the CrPC (!) (!) .
  • Prospective and Retrospective Application: This judgment applies retrospectively to cases where proceedings have not commenced beyond the stage of recording evidence under Section 145(2) of the Negotiable Instruments Act; such cases shall be deemed transferred to the court with proper jurisdiction, while other pending complaints shall be returned for refiling in the correct court (!) (!) .
  • Purpose of Interpretation: The interpretation of Section 138 must be strict to prevent the provision from being used as a device for harassment, ensuring that the accused is not dragged to distant courts based on the complainant's unilateral actions (!) (!) (!) .

Hon'ble VIKRAMAJIT SEN, J.—

Leave granted in Special Leave Petitions. These Appeals raise a legal nodus of substantial public importance pertaining to Court’s territorial jurisdiction concerning criminal complaints filed under Chapter XVII of the Negotiable Instruments Act, 1881 (for short, ‘the NI Act’). This is amply adumbrated by the Orders dated 3.11.2009 in I.A.No.1 in CC 15974/2009 of the three-Judge Bench presided over by the then Hon’ble the Chief Justice of India, Hon’ble Mr. Justice V.S. Sirpurkar and Hon’ble Mr. Justice P. Sathasivam which SLP is also concerned with the interpretation of Section 138 of the NI Act, and wherein the Bench after issuing notice on the petition directed that it be posted before the three-Judge Bench.

Precedents

2. The earliest and the most often quoted decision of this Court relevant to the present conundrum is K. Bhaskaran vs. Sankaran Vaidhyan Balan (1999) 7 SCC 510 wherein a two-Judge Bench has, inter alia, interpreted Section 138 of the NI Act to indicate that, “the offence under Section 138 can be completed only with the concatenation of a number of acts. Following are the acts which are components of the said offence: (1) Drawing of the che








































































































































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