Supreme Court of India · 2013-09-17
M/S Escorts Ltd vs Rama Mukherjee
- Citation / case number
- AIR 2013 SC (CRIMINAL) 2208
- Court
- Supreme Court of India
- Petitioner
- M/S Escorts Ltd
- Respondent
- Rama Mukherjee
- Author
- Jagdish Singh Khehar
- Bench
- Jagdish Singh Khehar, P. Sathasivam
Judgment text excerpt
The Supreme Court held that under Section 138 of the Negotiable Instruments Act, jurisdiction to entertain a complaint lies where the complainant presented the dishonoured cheque, received the cheque back, and sent the legal notice. The Court affirmed that the place of jurisdiction is not solely determined by the location of the bank where the cheque was dishonoured but can also include the residence of the complainant or the drawer. The Court upheld the jurisdiction of the Magistrate at Bhiwani, where the complainant resided and presented the cheque, thereby allowing the complaint to proceed.