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august 2014

Supreme Court of India · 2014-08-01

Dashrath Rupsingh Rathod vs State Of Maharashtra & Anr

Citation / case number
AIR 2014 SUPREME COURT 3519
Court
Supreme Court of India
Petitioner
Dashrath Rupsingh Rathod
Respondent
State Of Maharashtra & Anr
Author
Vikramajit Sen
Bench
T.S. Thakur, Vikramajit Sen, C. Nagappan

Judgment text excerpt

The Supreme Court addressed the territorial jurisdiction concerning criminal complaints under Section 138 of the Negotiable Instruments Act, 1881, emphasizing that the offence is completed through a series of acts including the drawing, presentation, and dishonor of a cheque, followed by a notice to the drawer. The Court reaffirmed the principles established in K. Bhaskaran v. Sankaran Vaidhyan Balan and Harman Electronics Pvt. Ltd. v. National Panasonic India Pvt. Ltd., clarifying that the receipt of notice is crucial for establishing a cause of action. The judgment highlights the misuse of Section 138 regarding jurisdictional issues, ultimately holding that cognizance of the offence requires strict adherence to the statutory provisions.

Dashrath Rupsingh Rathod vs State Of Maharashtra & Anr · Niyam