NISHANT AGGARWAL versus KAILASH KUMAR SHARMA

NISHANT AGGARWAL versus KAILASH KUMAR SHARMA

The Magistrate at Bhiwani has territorial jurisdiction to try the complaint under Sections 138 and 141 of the Negotiable Instruments Act as the respondent is a resident of Bhiwani. Section 138 encompasses multiple acts, any of which may establish jurisdiction. The law laid down in K. Bhaskaran applies: the complainant may choose among the plaintiff's or defendant's locations for filing, including where the cheque was presented or dishonoured.

Parties
Appellant: Nishant Aggarwal; Respondent: Kailash Kumar Sharma
Jurisdiction
India
Judgment Date
01 July 2013
Procedural Posture
Criminal Appeal / Final Decision on Appeal From High Court Order
Outcome
Appeal dismissed
Legal Topics
Negotiable Instruments, Dishonour of Cheques, Territorial Jurisdiction
Criminal Law Banking Law Negotiable Instruments Dishonour of Cheques Territorial Jurisdiction

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Parties

Nishant Aggarwal

Appellant

Kailash Kumar Sharma

Respondent

Procedural Posture

Criminal Appeal / Final Decision on Appeal From High Court Order

Legal Issues

  1. 1 Whether the court where a cheque is deposited for collection has territorial jurisdiction to try an offence punishable under Section 138 of the Negotiable Instruments Act, 1881

Ratio Decidendi

The Magistrate at Bhiwani has territorial jurisdiction to try the complaint under Sections 138 and 141 of the Negotiable Instruments Act as the respondent is a resident of Bhiwani. Section 138 encompasses multiple acts, any of which may establish jurisdiction. The law laid down in K. Bhaskaran applies: the complainant may choose among the plaintiff's or defendant's locations for filing, including where the cheque was presented or dishonoured.

Court Disposition

Appeal dismissed

Orders

  • The ratio of K. Bhaskaran applies; Bhiwani Magistrate has jurisdiction.
  • Interim order dated 09.12.2011 stands vacated.