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

august 2014

Supreme Court of India · 2014-08-05

M/S.Apex Distributors & Anr vs M/S Timex Group India Ltd

Citation / case number
AIR 2015 SC (CRIMINAL) 376
Court
Supreme Court of India
Petitioner
M/S.Apex Distributors & Anr
Respondent
M/S Timex Group India Ltd
Author
T.S. Thakur
Bench
C. Nagappan, T.S. Thakur

Judgment text excerpt

The Supreme Court held that the issue of a statutory notice under Section 138 of the Negotiable Instruments Act, 1881 does not confer jurisdiction on the courts in Delhi to entertain a complaint if the cheque was dishonoured at a different location. The Court relied on its previous rulings in Harman Electronics (P) Ltd. v. National Panasonic India (P) Ltd. and Dashrath Rupsingh Rathod v. State of Maharashtra, which clarified that jurisdiction is determined by the location of the dishonour, not the issuance of notices. Consequently, the complaint was ordered to be transferred to Vellore, where the cheque was dishonoured.

M/S.Apex Distributors & Anr vs M/S Timex Group India Ltd · Niyam