TIMES BUSINESS SOLUTION LTD. versus DATABYTE

TIMES BUSINESS SOLUTION LTD. versus DATABYTE

Territorial jurisdiction for complaints under Section 138 of the Negotiable Instruments Act, 1881 lies only where the drawee bank is located and not where the cheque is presented for collection or where notice of dishonour is issued.

Parties
Appellant: Times Business Solution Ltd.; Respondent: Databyte
Jurisdiction
India
Judgment Date
04 September 2014
Procedural Posture
Criminal Appeal / Final Disposal (appeal Dismissed)
Outcome
appeals dismissed
Legal Topics
Negotiable Instruments, Territorial Jurisdiction, Dishonour of Cheque
Criminal Law Negotiable Instruments Territorial Jurisdiction Dishonour of Cheque

Case Brief

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Parties

Times Business Solution Ltd.

Appellant

Databyte

Respondent

Procedural Posture

Criminal Appeal / Final Disposal (appeal Dismissed)

Legal Issues

  1. 1 Whether the courts where the cheque was presented or notice of dishonour was issued have territorial jurisdiction under Section 138 of the Negotiable Instruments Act, 1881 when the drawee bank is situated elsewhere.

Ratio Decidendi

Territorial jurisdiction for complaints under Section 138 of the Negotiable Instruments Act, 1881 lies only where the drawee bank is located and not where the cheque is presented for collection or where notice of dishonour is issued.

Court Disposition

appeals dismissed

Orders

  • No orders as to costs.