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2013 (7) TMI 680 - SC - Indian LawsJurisdiction to entertain the petition for offence punishable u/s 138 - whether the Court would have territorial jurisdiction to try the accused for an offence punishable u/s 138 of the Negotiable Instruments Act where a cheque is deposited for collection or would it be only the Court exercising territorial jurisdiction over the drawee bank or the bank on which the cheque is drawn - Held that:- The Mumbai Court has jurisdiction to entertain the complaint – court relied upon the judgement of K. Bhaskaran vs. Sankaran Vaidhyan Balan and Another (1999 (9) TMI 941 - SUPREME COURT OF INDIA) - if the five different acts were done in five different localities - any one of the courts exercising jurisdiction in one of the five local areas can become the place of trial for the offence u/s 138 - the complainant can choose any one of those courts having jurisdiction over any one of the local areas within the territorial limits of which any one of those five acts was done - the amplitude stands so widened and so expansive it is an idle exercise to raise jurisdictional question regarding the offence u/s138. whether the sending of notice from Delhi itself would give rise to a cause of action in taking cognizance under the N.I. Act – Held that:- The place where the cheque was presented and dishonoured has jurisdiction to try the complaint - issuance of notice would not by itself give rise to a cause of action but communication of the notice - Section 178 of the Code has widened the scope of jurisdiction of a criminal court and Section 179 of the Code has stretched it to still a wider horizon – appeal decided against the appellant.
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