SUKU versus JAGDISH & ANR.
Presentation of a cheque in Kerala or issuance of notice from Kerala is not sufficient in itself to confer jurisdiction upon courts at Kerala to entertain complaints under Section 138 of the Negotiable Instruments Act when the cheque is drawn on a bank in Karnataka.
- Parties
- Appellant: Suku; Respondent: Jagdish; Respondent: Jagdish & Anr.
- Jurisdiction
- India
- Judgment Date
- 04 September 2014
- Procedural Posture
- Criminal Appeal / Appeal From High Court Order
- Outcome
- Appeals dismissed
- Legal Topics
- Negotiable Instruments Act, Section 138, Territorial Jurisdiction, Dishonour of Cheque
Case Brief
Summary, issues, holding and outcome
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Parties
Suku
Appellant
Jagdish
Respondent
Jagdish & Anr.
Respondent
Procedural Posture
Criminal Appeal / Appeal From High Court Order
Legal Issues
- 1 Whether the presentation of the cheque in Kerala confers jurisdiction upon Kerala courts to entertain the complaint under Section 138 of the Negotiable Instruments Act
Ratio Decidendi
Presentation of a cheque in Kerala or issuance of notice from Kerala is not sufficient in itself to confer jurisdiction upon courts at Kerala to entertain complaints under Section 138 of the Negotiable Instruments Act when the cheque is drawn on a bank in Karnataka.
Court Disposition
Appeals dismissed
Orders
- Order of the High Court affirmed
- No order as to costs
Full Case Text
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