Jurisdiction of Section 138 of NI Act

Adv. Santosh Mahanor (Querist) 05 June 2009 This query is : Resolved
Dear Friends,

Can you explain jurisdiction of Section 138 of N.I.Act, or any latest case law / guidelines regarding the same

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A V Vishal (Expert) 05 June 2009
CRIMINAL APPELLATE JURISDICTION, CRIMINAL APPEAL NO. 2021 OF 2008 [arising out of SLP (Criminal) No. 1712 of 2004]

M/S. HARMAN ELECTRONICS (P) LTD.
& ANR. ... APPELLANTS

VERSUS

M/S. NATIONAL PANASONIC INDIA LTD. ... RESPONDENT

adv. rajeev ( rajoo ) (Expert) 05 June 2009
Where the party resides to whom the cheque is issued and it is returned from which bank.
Eg., A has issued a cheque to B who is in bengaluru. B sent the cheque thru., his banker at Bengaluru. Then Bengaluru court will have jurisdiction.

Adv. Santosh Mahanor (Querist) 06 June 2009
Thank you very much for your quick & valuable reply

PARVEEN DEEPAK ARYA (Expert) 06 June 2009
The territorial jurisdiction to file a complaint will be where the cheque has been dishonoured only .as per latest law of Hon'ble supreme court of india cited in Harman Electronics vs. national panasonic decided on 12-12-08

A. A. JOSE (Expert) 06 June 2009
You may also refer to two recent judgements reported in (1) AIR 2009 SC 1518 - M/s Kumar Exports vs. M/s Sharma Carpets and:(2) AIR 2009 SC 1538 - S.L.CONSTRUCTION & ANR. V/s.ALAPATI SRINIVASA RAO & ANR. , However, procedures and jurisdiction have been already clarified hereinabove and I endorse the same.

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