Niyam v2 is live — start for just ₹100 — 200 credits to try

july 2013

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.

NISHANT AGGARWAL vs KAILASH KUMAR SHARMA · Niyam