TMI Blog2020 (1) TMI 385X X X X Extracts X X X X X X X X Extracts X X X X ..... Rupsingh Rathod has been removed. The power of the Legislature to take away the basis of a judgment by making amendments is well settled. It is trite law that the Legislature can take away the basis of the judgment of a judicial pronouncement by either passing a Validating Act or passing amendments to the parent Act - Reference can be made to the case of STATE OF KARNATAKA ETC. VERSUS M/S PRO LAB ORS. ETC. [ 2015 (2) TMI 388 - SUPREME COURT] and STATE BANK'S STAFF UNION MADRAS VERSUS UNION OF INDIA ORS [ 2005 (9) TMI 650 - SUPREME COURT] . Thus, there is no infirmity in the amendment. Even otherwise, the Parliament is competent to bring out the amendment under the Negotiable Instruments Act. The said amendment cannot be said to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngh Rathod (supra) summed up the law relating to the place of suing as under: 56. To sum up: (i) An offence under Section 138 of the Negotiable Instruments Act, 1881 is committed no sooner a cheque drawn by the accused on an account being maintained by him in a bank for discharge of debt/liability is returned unpaid for insufficiency of funds or for the reason that the amount exceeds the arrangement made with the bank. (ii) Cognizance of any such offence is however forbidden under Section 142 of the Act except upon a complaint in writing made by the payee or holder of the cheque in due course within a period of one month from the date the cause of action accrues to such payee or holder under clause (c) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cheque punishable under Section 138 is committed along with other offences in a single transaction within the meaning of Section 220(1) read with Section 184 of the Code of Criminal Procedure or is covered by the provisions of Section 182(1) read with Sections 184 and 220 thereof. 4. In order to resolve the concerns regarding the said judgment, the President of India promulgated an Ordinance, called Negotiable Instruments (Amendment) Ordinance, 2015. The said Ordinance, thereafter, became an Act, namely, Negotiable Instruments (Amendment) Act, 2015. Amendments were made by the Negotiable Instruments (Amendment) Act, 2015, which read as under: An Act further to amend the Negotiable Instruments Act, 1881. B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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; or (b) if the cheque is presented for payment by the payee or holder in due course, otherwise through an account, the branch of the drawee bank where the drawer maintains the account, is situated. Explanation.- For the purposes of clause (a), where a cheque is delivered for collection at any branch of the bank of the payee or holder in due course, then, the cheque shall be deemed to have been delivered to the branch of the bank in which the payee or holder in due course, as the case may be, maintains the account. . 4. In the princ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otice of the court, such court shall transfer the case to the court having jurisdiction under sub-section (2) of section 142, as amended by the Negotiable Instruments (Amendment) Ordinance, 2015, before which the first case was filed and is pending, as if that subsection had been in force at all material times. 5. (1) The Negotiable Instruments (Amendment) Second Ordinance, 2015, is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of the principal Act, as amended by this Act. 5. By virtue of the said amendment, the entire basis of the j ..... X X X X Extracts X X X X X X X X Extracts X X X X
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