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august 2014

Supreme Court of India · 2014-08-05

M/S.APEX DISTRIBUTORS & ANR. vs M/S TIMEX GROUP INDIA LTD.

Citation / case number
SC 2012/60356
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 issuance 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 not issued in discharge of a debt or liability. The Court emphasized that jurisdiction must be established based on the location of the transaction or the dishonor of the cheque, not merely on the issuance of notices. The Court transferred the complaint to Pondicherry, aligning with the precedent set in Harman Electronics (P) Ltd. v. National Panasonic India (P) Ltd. and Dashrath Rupsingh Rathod v. State of Maharashtra, which clarified jurisdictional issues under Section 138.

M/S.APEX DISTRIBUTORS & ANR. vs M/S TIMEX GROUP INDIA LTD. · Niyam