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1 - 10 of 10 (0.22 seconds)Section 142A in The Negotiable Instruments Act, 1881 [Entire Act]
Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
Dashrath Rupsingh Rathod vs State Of Maharashtra & Anr on 1 August, 2014
In view of the
events which took place after the judgment of the Supreme Court in Dashrath
Rupsingh Rathod's case (supra) and the position as clarified in the N.I. Amendment
Ordinance 2015 (No.6 of 2015), as well as the direction given by the Supreme Court
in paragraph 22 of the Dashrath Rupsingh Rathod's case (supra), we are of the view
that the petitioners can be permitted to present the complaints in the respective courts
where they were originally filed. On such presentation, the Courts shall treat the same
having been filed on the date on which the respective complaint was originally filed.
The petitioners shall present their respective complaint in the proper Court namely,
the Court where it was originally filed, within one month from today."
Article 123 in Constitution of India [Constitution]
Section 470 in The Code of Criminal Procedure, 1973 [Entire Act]
The Negotiable Instruments Act, 1881
The Amending Act, 1897
The Code of Criminal Procedure, 1973
M/S Bridgestone India Pvt. Ltd. vs Inderpal Singh on 24 November, 2015
5. The Apex court in the case Bridgestone India Private Limited v.
Inderpal Singh reported in (2016) 2 SCC 75 has categorically held in para
13 thereof that a perusal of the amended Sec.142(2), leaves no room for any
doubt, especially in view of the explanation thereunder, that with reference to
an offence under Sec.138 of the N.I.Act, the place where a cheque is delivered
for collection, i.e., the branch of the bank of the payee or holder in due course,
where the drawee maintains an account, would be determinative of the place
of territorial jurisdiction. Further it was held in para 16 of the above said
judgment of the Apex Court that since the dishonoured cheque in question
in that case was presented for encashment at the collection bank of the
complainant at Indore, the Judicial First Class Magistrate Court, Indore,
would have the territorial jurisdiction to take cognizance of the
proceedings initiated by the complainant therein, after promulgation of
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