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september 2013

Supreme Court of India · 2013-09-17

M/S ESCORTS LTD. vs RAMA MUKHERJEE

Citation / case number
SC 2012/25572
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 ruled that under Section 138 of the Negotiable Instruments Act, the jurisdiction to file a complaint lies where the cheque was presented for payment and dishonoured, not solely where the bank is located. The Court emphasized that the offence is completed only when the drawer fails to pay the cheque amount within 15 days of receiving a notice. The appeal was dismissed, affirming the lower court's jurisdiction to entertain the complaint filed by the respondent in Bhiwani.

M/S ESCORTS LTD. vs RAMA MUKHERJEE · Niyam