LAW FOR ALL

Sec.138 of N.I. Act - Cheque drawn on Sydicate Bank , City Market Branch , Bangalore - Cheque presented for collection at Gurgoan ING Vysya Bank - Cheque dishonoured - complaint at Gurgaon - Transfer O.P. - Apex court held that Although the complaint does not claim jurisdiction for the Court at Gurgaon on the ground that the cheque was presented for collection there yet in the Counter affidavit, the respondent has tried to justify the filing of the complaint on that ground. Dashrath Rupsingh’s case (supra), however, does not, as mentioned above, accept presentation of a cheque to be a valid presentation for purposes of limitation within the meaning of Section 138 unless the same is to the drawee bank. That is the view taken even in Ishar Alloy Steels Ltd. v. Jayaswals Neco Ltd. (2001) 3 SCC 609. On either ground, therefore, the Courts in Gurgaon could not assume jurisdiction. Following the decisions in Dashrath Rupsingh’s and Ishar Alloy Steels cases (supra), we have no hesitation in allowing the petition and directing transfer of the complaint to the competent Court to entertain the same.= TRANSFER PETITION (CRL.) NO.403 OF 2013 Sree Mahesh Stationaries & Anr. …Petitioners Vs. Indiabulls Financial Services Ltd. …Respondent = 2014- Aug. Part - http://judis.nic.in/supremecourt/filename=41808