So I am an accused in cheque bouncing case with 4 cheques 11 lac each . My bank branch is Jaipur and drawer bank branch is bikaner. He presented 3 cheques in Jaipur and 1 in bikaner. What should be territorial jurisdiction. Thank you for your help in advance
I read the following somewhere but cannot dedue the implication my case.
Further, “Section 142(2)(a) along with Section 142, makes clear that, when a cheque is delivered or issued to a person with liberty to present the cheque for collection at any branch of the bank where the payee or holder in due course, then, the cheque shall be deemed to have been delivered or issued to the branch of the bank, in which, the payee or holder in due course, as the case may be, maintains the account, and within the jurisdiction of the court, where such cheque was presented for collection, will have jurisdiction to entertain complaint alleging commission of an offense punishable under Section 138 of the NI Act”, added the Bench. Also Read - Govt Can Decide To Fill Vacancies That Arose Prior Amendment Of Rules In Accordance With Unamended Rules: Kerala HC The Bench went on to elucidate that the word ‘delivered’ used in Section 142(2)(a) of the NI Act has no significance and significance must be given to the text ‘for collection through an account’. Accordingly, the Bench clarified that delivery of the cheque takes place where the cheque was issued and presentation of the cheque will be through the account of the payee or holder in due course, and the said place is decisive to determine the question of jurisdiction. The High Court therefore stated that reliefs cannot be granted, since the penal consequence on dishonor of the cheque should have to be suffered by the person who issued the cheque and the same cannot be delegated to another person, in any manner.
