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august 2014

Supreme Court of India · 2014-08-05

Mahesh Stationaries & Anr vs Indiabulls Financial Services Ltd

Citation / case number
AIR 2015 SC (CRIMINAL) 132
Court
Supreme Court of India
Petitioner
Mahesh Stationaries & Anr
Respondent
Indiabulls Financial Services Ltd
Author
T.S. Thakur
Bench
C. Nagappan, T.S. Thakur

Judgment text excerpt

The Supreme Court held that jurisdiction for filing a complaint under Section 138 of The Negotiable Instruments Act, 1881 cannot be conferred solely by the issuance of a statutory notice from a particular location. The Court emphasized that the offence is committed where the cheque is issued and dishonoured, and thus, the complaint should be transferred from Gurgaon to Bangalore, where the cheque was issued. The Court relied on precedents including Harman Electronics (P) Ltd. v. National Panasonic India (P) Ltd. and Dashrath Rupsingh Rathod v. State of Maharashtra, affirming that jurisdiction is determined by the location of the cheque's dishonour and not by the location of the notice issuance.

Mahesh Stationaries & Anr vs Indiabulls Financial Services Ltd · Niyam