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1 - 10 of 12 (0.34 seconds)Section 142 in The Negotiable Instruments Act, 1881 [Entire Act]
The Negotiable Instruments Act, 1881
The Code of Criminal Procedure, 1973
Section 4 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 142A in The Negotiable Instruments Act, 1881 [Entire Act]
Section 3 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 1 in The Negotiable Instruments Act, 1881 [Entire Act]
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 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
142A(1) to the effect, that the judgment
rendered by this Court in Dashrath Rupsingh
Rathod's case,would not stand in the way of
the appellant, insofar territorial jurisdiction
for initiating proceedings emerging from
the dishonor of the cheque in the present case
arises.
M/S Bridgestone India Pvt. Ltd. vs Inderpal Singh on 24 November, 2015
.8 Thus, the conjoint reading of the newly inserted
provision of the N.I Act and the judgment of the
Supreme Court in Bridgestone India Private
Page 8 of 9
HC-NIC Page 8 of 9 Created On Sun Feb 28 04:01:38 IST 2016
R/CR.RA/180/2015 JUDGMENT
Limited (supra), it is vividly clear that the newly
inserted provisions of the N.I Act are applicable with
retrospective effect of 15.6.2015 and the decision of
the Supreme Court in the case of Dashrath
Rupsingh Rathod (supra), is statutorily
superseded. I am, therefore, of the view that the
impugned order of the learned trial Magistrate
requires interference in this Revision Application.