Supreme Court of India · 2014-08-05
MAHESH STATIONARIES & ANR. vs INDIABULLS FINANCIAL SERVICES LTD.
- Citation / case number
- SC 2013/90297
- 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 under Section 138 of The Negotiable Instruments Act, 1881, jurisdiction to entertain a complaint lies where the cheque was issued and dishonoured, not where the statutory notice was sent. The Court allowed the transfer petition, ruling that the courts at Gurgaon lacked jurisdiction as the cheque was issued and dishonoured in Bangalore. The decision referenced the precedent set in Harman Electronics (P) Ltd. v. National Panasonic India (P) Ltd. and affirmed by Dashrath Rupsingh Rathod v. State of Maharashtra.