Search Results for "drawee bank jurisdiction"

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Search Results for "drawee bank jurisdiction"

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Supreme Court

Supreme Court Dismisses Bank's Appeal in Consumer Dispute Over Cheque Clearing Deficiency. Bank held liable for deficiency in service under Consumer Protection Act, 1986 due to negligence in presenting cheques within validity period, with compensation awarded for loss caused by expired cheques.

15 Apr 2026

The Supreme Court of India heard two civil appeals filed by Canara Bank against a judgment of the National Consumer Disputes Redressal Commission. The...

High Court

Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Failure to Prove Service of Notice Under Section 138 of Negotiable Instruments Act, 1881 Leads to Quashing of Complaint.

10 Feb 2026

The applicants, Chetan Sunderji Bhanushali, Pravin Girish Chamaria, and Ashapura Edifice Pvt. Ltd., filed two criminal applications under Section 482 ...

Supreme Court

Supreme Court Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881

6 Mar 2025

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 ...

High Court

Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. Service of notice by speed post or courier must be proved by cogent evidence; mere dispatch is insufficient.

8 Mar 2023

The Bombay High Court disposed of a batch of petitions and applications under Section 482 CrPC and Section 138 of the Negotiable Instruments Act, 1881...

High Court

Bombay High Court Dismisses Petition Challenging Territorial Jurisdiction in Cheque Dishonour Case — RTGS System Does Not Expand Concept of Drawee Bank Under Section 138 of Negotiable Instruments Act, 1881. The court held that the drawee bank is the branch on which the cheque is drawn, and the RTGS system does not confer jurisdiction on courts where other branches dishonour the cheque.

13 Jan 2015

The petitioner, Smt. Sangita wd/o Ajay Shah, filed a Criminal Writ Petition before the Bombay High Court challenging the territorial jurisdiction of t...

High Court

Bombay High Court Quashes Order in Cheque Dishonour Case for Lack of Territorial Jurisdiction — Complaint Filed at Aurangabad Not Maintainable as Cheque Was Drawn and Presented at Pune. Territorial Jurisdiction Under Section 138 Negotiable Instruments Act, 1881 Determined by Place of Presentation and Dishonour, Not Complainant's Registered Office.

10 Aug 2011

The petitioner, Rajendra Marga Gaikwad, proprietor of Yashraj Agencies at Pune, was the original accused in a complaint filed by Kail Limited (formerl...

High Court

Bombay High Court Quashes Summons in Cheque Dishonour Cases for Lack of Territorial Jurisdiction. Magistrate at Mumbai had no jurisdiction as no part of cause of action arose within its territorial limits under Section 138 of Negotiable Instruments Act, 1881.

4 May 2011

The Bombay High Court considered a group of applications under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of process issued...

High Court

Bombay High Court Allows Writ Petition, Restores Process in Cheque Dishonour Case. Jurisdiction for Section 138 NI Act lies where cheque is deposited for collection, not only where drawee bank is located.

24 Mar 2011

The petitioner, Dr. Kiran Laxminarayan Maheshwari, a medical practitioner at Murbad, filed a complaint under Section 138 of the Negotiable Instruments...

High Court

Bombay High Court Dismisses Petition to Quash NI Act Proceedings — Territorial Jurisdiction of Magistrate Upheld for Cheque Dishonour Case. Court holds that under Section 138 of Negotiable Instruments Act, 1881, the Magistrate at Mumbai has jurisdiction as the cheques were presented for encashment at Mumbai and the complainant's office is located there.

22 Mar 2011

The petitioner, Vinod Laxman Das Kinger, proprietor of M/s. Kinger India, filed an application under Section 482 of the Code of Criminal Procedure, 19...

High Court

Bombay High Court Considers Bank's Claim for Recovery of Dues from Export Company and its Director. Dispute Centers on Alleged Agreement to Debit Cash Credit Account Upon Dishonour of Foreign Bills Purchased Under FBP Facility.

13 Jul 2006

The suit was filed by Bank of India to recover Rs.5,67,332.51 with interest at 19.5% per annum from B.C. Mody Exports P. Ltd. (defendant no.1) and its...

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