Criminal Appeal No. 1911 of 2014 (Arising out of S.L.P. (Crl.) No. 5644 of 2010), Criminal Appeal No. 1912 of 2014 (Arising out of S.L.P. (Crl.) No. 5645 of 2010) and Criminal Appeal No. 1913 of 2014 (Arising out of S.L.P. (Crl.) No. 5280 of 2010). Case: Times Business Solution Limited Vs Databyte. Supreme Court (India)

Case NumberCriminal Appeal No. 1911 of 2014 (Arising out of S.L.P. (Crl.) No. 5644 of 2010), Criminal Appeal No. 1912 of 2014 (Arising out of S.L.P. (Crl.) No. 5645 of 2010) and Criminal Appeal No. 1913 of 2014 (Arising out of S.L.P. (Crl.) No. 5280 of 2010)
CounselFor Appellant: Vinay Kumar Shailendra, Party in Person, Subhro Sanyal, Worthing Kasar, Vaibhav Rai Asithana, K.R. Sasiprabhu, E.C. Agrawala, Puja Sharma, Liz Mathew, K. Datta, Manish Srivastava, Rahul Malhotra and Praveen Agrawal, Advs. and For Respondents: Annam D.N. Rao, A. Venketesh, Sudipto Sircar, Neelam Jain, Vaishali R., Shailender ...
JudgesT.S. Thakur, V. Gopala Gowda and C. Nagappan, JJ.
IssueNegotiable Instrument Act, 1881 - Section 138
Judgement DateSeptember 04, 2014
CourtSupreme Court (India)

Judgment:

T.S. Thakur, J.

  1. Leave granted.

  2. These three appeals arise out of an order dated 1st February, 2010 passed by the High Court of Bombay whereby Criminal M.C. Nos. 281 of 2010, 282 of 2010 and 296 of 2010 filed by the Appellants have been dismissed and the orders passed by the Metropolitan Magistrate returning the complaints filed by the Appellants Under Section 138 of the Negotiable Instrument Act, 1881 for presentation before the competent Court upheld.

  3. It is common ground that the cheques in all the three cases had been issued on different branches namely, Bank of India, Ruby Park and ICICI Bank, Kolkata and Punjab National Bank, Chapraula, Gautam Budh Nagar, U.P. which are outside Delhi. Complaints Under Section 138 of the NI Act were all the same filed in Delhi because the cheques had been deposited by the complainants in their Delhi bank accounts for collection and because notice of dishonour was issued to the accused persons from Delhi. Relying upon the decision of this Court in Ishar Alloy Steels Ltd. v. Jayaswals Neco Ltd. (2001) 3 SCC 609 the High Court held that mere presentation of cheques before banks in Delhi when the drawee bank is situated outside Delhi will not confer jurisdiction upon the Delhi courts nor will the issue of...

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