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Sreekumar.R (advocate)     14 November 2009

Place of prosecution in cheque bouncing

Criminal law is to punish the offender for committing an offence by lawful authority of the state. The place of offence determines the authority capable of punishing the offender. 177 and related sections of CrPC fixes wo can punish the offender. The offence of 138N.I.Act is done and completed only at the bank dishonoring the cheque. A third party action-in this case the complainant- cannot fix the authority topunish the offender. If so, why the confusion regarding the place where the offence can be legally prosecuted in the light of various SC/HC judgments?



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 4 Replies

Anish goyal (Advocate)     14 November 2009

Read harman electronics p ltd. V. National panasonic india ltd. 2008 sc you will get your answer

k.kumar raja (advocate)     15 November 2009

for 138.1)place of complaints bank,2)place of the accused bank,3)place of transaction held,4)place of cheque issued,

p.sowrirajan (advocate)     15 November 2009

according to the provisions given in the ni act the cause of action arises either the plaintiff residing place or defendent residing place or where the cheque presented in the bank.

if any mistakes, please correct me.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     15 November 2009

IF ANY COMPLAINT WRITES JURISDICTION AS CAUSE OF ACTION OCCURED SO AND SO PLACE ,THEN NATURALLY THE PLACE IS JURISDICTION OF COURT.


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