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1 - 10 of 15 (1.26 seconds)Section 142 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 139 in The Negotiable Instruments Act, 1881 [Entire Act]
The Code of Criminal Procedure, 1973
Dashrath Rupsingh Rathod vs State Of Maharashtra & Anr on 1 August, 2014
15. We are in complete agreement with the
contention advanced at the hands of the learned
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Page 17 of 22
CRL.O.P.No.1157 of 2020
counsel for the appellant. We are satisfied, that
Section 142(2)(a), amended through the
Negotiable Instruments (Amendment) Second
Ordinance, 2015, vests jurisdiction for initiating
proceedings for the offence under Section 138 of
the Negotiable Instruments Act, inter alia, in the
territorial jurisdiction of the court, where the
cheque is delivered for collection (through an
account of the branch of the bank where the payee
or holder in due course maintains an account). We
are also satisfied, based on Section 142-A(1) to
the effect, that the judgment rendered by this
Court in Dashrath Rupsingh Rathod case
[Dashrath Rupsingh Rathod v. State of
Maharashtra, (2014) 9 SCC 129 : (2014) 4 SCC
(Civ) 676 : (2014) 3 SCC (Cri) 673] , would not
stand in the way of the appellant, insofar as the
territorial jurisdiction for initiating proceedings
emerging from the dishonour of the cheque in the
present case arises.