SMT. SHAMSHAD BEGUM versus B. MOHAMMED

SMT. SHAMSHAD BEGUM versus B. MOHAMMED

Jurisdiction to try an offence under Section 138 of the Negotiable Instruments Act, 1881 is conferred on a court where any of the five component acts occurs, including the act of issuing notice demanding payment. Since notice was issued from Mangalore, Mangalore Court has jurisdiction.

Source-derived case information.

Parties
Appellant: Shamshad Begum; Respondent: B. Mohammed
Jurisdiction
India
Judgment Date
03 November 2008
Procedural Posture
Criminal Appeal / Appeal From High Court Order Dismissing a Petition Under Section 482 Cr PC
Outcome
Appeal dismissed
Legal Topics
Jurisdiction, Offence Under Section 138 Negotiable Instruments Act
Criminal Law Jurisdiction Offence Under Section 138 Negotiable Instruments Act

Source-derived case record

Summary, issues, holding and outcome

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Parties

Shamshad Begum

Appellant

B. Mohammed

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Order Dismissing a Petition Under Section 482 Cr PC

Legal Issues

  1. 1 Whether the Mangalore Court has jurisdiction to try the offence under Section 138 of the Negotiable Instruments Act, 1881

Ratio Decidendi

Jurisdiction to try an offence under Section 138 of the Negotiable Instruments Act, 1881 is conferred on a court where any of the five component acts occurs, including the act of issuing notice demanding payment. Since notice was issued from Mangalore, Mangalore Court has jurisdiction.

Court Disposition

Appeal dismissed

Orders

  • Judgment of the High Court is affirmed