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august 2014

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.

MAHESH STATIONARIES & ANR. vs INDIABULLS FINANCIAL SERVICES LTD. · Niyam