Supreme Court of India · 2013-07-01
NISHANT AGGARWAL vs KAILASH KUMAR SHARMA
- Citation / case number
- SC 2011/38747
- Court
- Supreme Court of India
- Petitioner
- NISHANT AGGARWAL
- Respondent
- KAILASH KUMAR SHARMA
- Author
- P.Sathasivam
- Bench
- JAGDISH SINGH KHEHAR P. SATHASIVAM
Judgment text excerpt
The Supreme Court ruled that under Section 138 of the Negotiable Instruments Act, 1881, the court where a cheque is deposited for collection has territorial jurisdiction to try the accused, not just the court over the drawee bank. The Court held that the High Court's dismissal of the appellant's petition under Section 482 of the Code of Criminal Procedure, 1973 was incorrect, establishing that jurisdiction extends to the place of presentation for collection. The appeal was allowed, affirming the broader interpretation of jurisdiction in cheque dishonor cases.