Criminal Law Attorney in Delhi NCR
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Published date: November 7, 2023
- Location: Janak Puri, New Delhi, New Delhi, Delhi, India
The Negotiable Instruments Act (as amended in 2015), and the Negotiable Instruments (Amendment) Act, 2015, established that, the jurisdiction for bringing a complaint under section 138 of the Act would be the location of the drawee bank. “Logically, the place, site, or venue where the judicial investigation of the case and the trial of the offence should take place should be confined to the region where the drawee bank is located,” as reaffirmed in the judgment relating to Dashrath Rupsingh Rathod v. State of Maharashtra & Anr.(Criminal Appeal No. 2287 of 2009). Further, following the modifications, the Court in the case of Sh. Vikram Monga v. Sh. Sanjay Dhingra (CC No. 22884/2016) in para 13 of the judgment held that under section 142(2),the offence under Section 138 of the Negotiable Instrument Act will be looked into and prosecuted only by the Court with local jurisdiction: Read more
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