Cheque bouncing- jurisdiction of courts redefined
MAHESWAREE SWAIN
(Querist) 08 June 2015
This query is : Resolved
hello experts ! now i want to know that is there any alteration on the judgement of the = Dasarathi Rupsingh Rathod Vs. State of Maharastra 2014(9) SCALE 97.
if yes then please give me the citation.
i have an information that supreme court clarifies territorial jurisdiction that in cases of dishonour of cheque, only those courts within whose territorial limits the drawee bank is situated would have the jurisdiction to try the case.
Anirudh
(Expert) 08 June 2015
As on date, the decision of the SC in Dasarathi Rupsingh Rathod Vs. State of Maharastra 2014(9) SCALE 97 holds good.
In order to overcome the said decision of the Supreme Court, Govt.. has already moved Negotiable Instruments (Amendment) Bill 2015 (Bill 151 of 2015) in the Parliament.
The Lok Sabha has already passed it and Rajya Sabha is yet to be pass it.
Govt. is thinking in terms of bringing in Ordinance to this effect.
Once the amendment gets parliamentary approval, then the amended Section 142(2) will read as: "The Offences under Sec. 138 shall be enquired into and tried ONLY by a court within whose local jurisdiction the bank branch of the payer where the payer presents the cheque for payment is situated."
Till the amendment comes, the decision of the SC will hold good.
