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2022 (4) TMI 555 - HC - Indian LawsDishonor of Cheque - jurisdiction of the court for proceedings initiated on a complaint under Section 138 of the Negotiable Instruments Act, 1881 - HELD THAT:- The law as it stands today as regard jurisdiction is that, trial of a case under Section 138 of the Act shall only be by a court within whose local jurisdiction a cheque is delivered for collection through an account, the branch of the bank where the payee or holder in due course, as the case may be, maintains the account is situated. As admitted by the respondent herein, the complaint was filed before a court lacking territorial jurisdiction and as such, there is no option for this Court, but to conclude that the Trial Court cannot proceed with the complaint against the petitioner herein. The cited cases referred by the learned counsel for the respondent would have no persuasive value before this Court as the provisions of the statute stares in the face of the matter in issue before this Court and as such, with due respect, the same cannot be taken into account in these proceedings. The consequential result is that the proceedings therein has to be set aside. Petition allowed.
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