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

september 2013

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.

M/S Escorts Ltd vs Rama Mukherjee · Niyam