Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2017 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (8) TMI 1688 - ORISSA HIGH COURTDishonor of Cheque - jurisdiction of the Court to try a case initiated under Section 138 of the Negotiable Instrument Act - territorial jurisdiction - time limitation - HELD THAT:- It was observed by their Lordships that the amended Section 142(2), leaves no room for any doubt that with reference to an offence under Section 138 of the Act the place the cheque was delivered for collection would be determinative of the place of territorial jurisdiction. The proceeding under Section 138 of the Act shall be only in the Court under whose jurisdiction the cheque was presented for encashment by the payee or holder in due course where the drawee maintains the account. This is irrespective of the fact as to whether the taking of evidence has commenced in course of trial or not as was observed in the case of Rupsingh Rathod [2014 (8) TMI 417 - SUPREME COURT]. In view of the aforesaid settled position of law, the findings of the learned Sessions Judge is not sustainable in law and is accordingly set aside confirming the order passed by the learned Trial Court. In view of the aforesaid findings, the complaint shall be returned by the learned Trial Court to the complainant within a week of presentation of a certified copy of this order before the said Court by the present petitioner and the complainant shall be at liberty to file the same in the Court having competent jurisdiction according to law and it shall be accepted to have been filed within time if filed before the competent Court within thirty days from the date of return of the complaint to the complainant unless the initial or prior filling was itself time barred. Application allowed.
|