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november 2013

Supreme Court of India · 2013-11-25

DEVENDRA KISHANLAL DAGALIA vs DWARKESH DIAMONDS PVT LTD

Citation / case number
SC 2013/7116
Court
Supreme Court of India
Petitioner
DEVENDRA KISHANLAL DAGALIA
Respondent
DWARKESH DIAMONDS PVT LTD
Author
SUDHANSU JYOTI MUKHOPADHAYA
Bench
V. GOPALA GOWDA SUDHANSU JYOTI MUKHOPADHAYA

Judgment text excerpt

The Supreme Court held that the jurisdiction of a Magistrate under Section 138 of the Negotiable Instruments Act is determined by the location of the transaction and not merely by the issuance of a legal notice. The Court found that the High Court erred in setting aside the Sessions Court's order which had reinstated the complaints after the Magistrate's initial dismissal for lack of jurisdiction. The Court ruled that the Magistrate had the authority to entertain the complaints based on the issuance of summons under Section 204 Cr.P.C., thereby allowing the appeals and restoring the complaints.

DEVENDRA KISHANLAL DAGALIA vs DWARKESH DIAMONDS PVT LTD · Niyam