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https://tilakmarg.com/news/jurisdiction-in-cheque-bouncing-cases-is-changed-by-new-ordinance-superseding-sc-judgment/
Jun 17, 2015 · The jurisdiction of filing cheque dishonour cases under Section 138 of the N.I. Act is now changed by the above Ordinance as under: Now a cheque bouncing case can be filed only in the court at the place where the bank in which the payee has account is located.
https://www.kaanoon.com/234963/jurisdiction-of-cheque-bounce-sec-138-nia-complaint
As per the Negotiable Instruments (Amendment) Act, 2015 a complaint can be filed under Section 138 for dishonor of cheque at a court within whose local jurisdiction:- The branch of the bank is located. The payee or the holder maintains an account
https://www.scconline.com/blog/post/2019/05/07/dishonour-of-cheque-s-138-ni-act-and-allied-sections/
May 07, 2019 · Section 138 casts a criminal liability punishable with imprisonment or fine or with both on a person who issues a cheque towards discharge of a debt or liability as a whole or in part and the cheque is dishonoured by the bank on presentation. [3] Section 138 was enacted to punish unscrupulous drawers of cheques who,...
https://charteredonline.in/amendment-to-negotiable-instruments-act-section-138/
Sep 13, 2018 · Jurisdictional Amendment of Section 138 of Negotiable Instruments Act – Cases to Filed in Court having Local Jurisdiction of the Bank Branch of the Payee. The President of India has promulgated the Negotiable Instruments (Amendment) Ordinance, 2015 (No.6 of …
https://www.lawyersclubindia.com/experts/Jurisdiction-for-action-under-section-138-of-the-negotiable-instruments-act-1881-310936.asp
Jurisdiction for action under section 138 of the negotiable instruments act, 1881 This query is : Resolved Report Abuse Follow Query Ask a Query MPS RAMANI (Querist)
https://archanabala.com/2017/09/28/section-138-of-the-negotiable-instruments-act-1881/
Sep 28, 2017 · The court held that, the new Ordinance vests jurisdiction for initiating proceedings under Section 138, inter alia, in territorial jurisdiction of court where cheque is delivered for collection (through an account of branch of bank where payee or holder in due course maintains an account).
https://lawschoolnotes.wordpress.com/2017/08/31/territorial-jurisdiction-in-cases-of-dishonour-of-cheque/
Aug 31, 2017 · (vi) Once the cause of action accrues to the complainant, the jurisdiction of the Court to try the case will be determined by reference to the place where the cheque is dishonoured. (vii) The general rule stipulated under Section 177 of Cr.P.C applies to cases under Section 138 of the Negotiable Instruments Act.
https://www.vakilno1.com/legal-faq/dishonour-of-cheque-section-138-of-the-negotiable-instruments-act.html
Apr 24, 2013 · Supreme Court has held time and again that a cause of action for filing a complaint under section 138 accrues to the drawee of a cheque only after a notice is issued to the drawer within the prescribed period after receipt of information by him regarding the dishonour of cheque and the subsequent failure of the drawer to make the cheque payment within the prescribed time, i.e. 15 days …
https://www.livelaw.in/dishonour-cheque-gujarat-high-court-explains-law-relating-territorial-jurisdiction-post-2015-ni-act-amendment-read-jt/
Mar 31, 2016 · (ii) cases under section 138 pending in any court before the commencement of the proposed legislation to be transferred to the court in accordance …
http://www.aaptaxlaw.com/Legal-Formats/Format-of-Complaint-u-s-138-Negotiable-Instruments-Act-return-of-cheque-Download-Complaint-format.html
That the accused is guilty of offence under Section 138, Negotiable Instruments Act and is also liable to be prosecuted under Section 420 of the Indian Penal Code. That in view of the facts and circumstances, the complainant has a cause of action and right to file the present complaint.
https://www.mondaq.com/india/Criminal-Law/779880/Amendment-To-Complaint-Under-Section-138-Of-Negotiable-Instruments-Act-1881-Myth-Or-Reality
Offence under Section 138 NI Act being person specific, where a complaint/ complainant fails to disclose specific averments against Company, Courts would refuse to take cognizance on the complaint.
https://www.lawsenate.com/news/territorial-jurisdiction-for-trial-of-dishonour-of-cheques.html
The court held that the amplitude of territorial jurisdiction of a Criminal court under Sections 178 and 179 of Criminal Procedure Code 1973 in respect to complaints under Negotiable Instrument Act is very wide and expansive and thus, the Courts within whose local limits, payee resides, can have the territorial jurisdiction to try the complaint for dishonour of cheque.
https://nadeemqureshi1.wordpress.com/2013/08/07/section-138-jurisdiction-under-negotiable-instrument-act/
Aug 07, 2013 · The necessary corollary thereof is that no part of cause of action for the offence punishable under Section 138 of the NI Act arises in the Court within the local limits of which the collecting Bank of the complainant i.e. payee Bank is situated and thus said Court has no jurisdiction to try a complaint under Section 138 of the NI Act filed by the complainant.”
https://www.mondaq.com/india/Litigation-Mediation-Arbitration/433334/Section-138-Negotiable-Instruments-Act-1881--An-In-Depth-Analysis
"The proposed amendments to the Negotiable Instruments Act, 1881 ("The NI Act") are focused on clarifying the jurisdiction related issues for filing cases for offence committed under section 138 of the NI Act. The clarification of jurisdictional issues may be desirable from the equity point of view as this would be in the interests of the complainant and would also ensure a fair trial.Author: Agrima Sharma
https://www.lawyersclubindia.com/forum/Format-of-complaint-in-section-138-cheque-dishonour-case-4571.asp
Jun 08, 2016 · Therefore, all the accused have committed the offense under section 138 of the Negotiable Instruments Act, 1881. 11. That the complainant company had sent a registered legal notice to the accused No.1 company within the time limit prescribed by the Negotiable Instruments Act, 1881 and the accused had not made the payment within 15 days of the receipt of the notice thereof.
https://www.livelaw.in/breaking-dishonour-of-cheque-cases-can-only-be-filed-before-the-court-within-whose-local-jurisdiction-the-bank-branch-of-the-payee-where-the-payee-presents-the-cheque-for-payment-is-situated-cabin/
Apr 23, 2015 · The amendments are focused on clarifying jurisdiction related issues for filing cases of offence committed under Section 138 the Negotiable Instruments Act,1881 (NI Act).
https://indiankanoon.org/doc/167358305/
"(2) The offence under Section 138 shall be inquired into and tried only by a court within whose local jurisdiction, - (a) If the cheque is delivered for collection through an account, the branch of the bank where the payee or holder in due course, as the case may be, maintains the account, is situated; or
https://vakilsearch.com/advice/what-are-the-legal-rights-in-cheque-bounce-cases/
Concerning jurisdiction, the courts situated in locations, where the cheque was drawn, where the cheque was presented and/or returned by the bank, have jurisdiction. A complaint under Section 138 can also be filed against a company.
https://www.lawweb.in/2014/12/whether-court-can-permit-amendment-of.html
Dec 12, 2014 · Section 141 (1) shows that when a company commits offence under section 138 of the N.I. Act, every person, who was incharge and responsible for the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty.
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