Recovery of cheque bounce money becomes difficult: Change in Jurisdiction of Section 138 NI Act Cases : SC

By Vivek Nasa

Recovery of cheque bounce money becomes difficult:

Change in Jurisdiction of Section 138 NI Act Cases

Landmark Judgement by Supreme Court of India changes the way Cheque Bounce Section 138 NI Act cases are filed.

In a landmark judgement, the Supreme Court of India has changed he way Cheque Bounce Section 138 of Negotiable Instruments Act cases are filed.to prosecute a person who had presented the cheque which bounced for insufficiency of funds. Earlier, a case under Section 138 could be filed by holder of the cheque at four different places of his choice including his place of business or residence. But, now after this landmark judgement in the case of Supreme Court of India has ruled that from now onwards a case can be filed only at the place where the branch of the bank on which the bounced cheque was drawn is located.

Dashrath Rupsingh Rathod Versus State of Maharashtra & Anr.

Source :Judis.nic.in

Dashrath Rupsingh Rathod Versus State of Maharashtra

FOR MORE INFORMATION CONTACT

Vivek Nasa & Associates
Chamber no 11, Second Floor, Lawyers Chambers Block A, Gurgaon Civil Court, National Highway 8, Gurugram, Haryana 122001, India
Get Directions

Phone: +919811896536

Website: https://www.viveknasa.com

Email: contact@viveknasa.com

Facebook Profile: Visit

Google Maps: Visit

Youtube Channel: Visit

Advocate Vivek Nasa on Motor Vehicle Act 1988 and Traffic Challans

Advocate Vivek Nasa on Motor Vehicle Act 1988 and Traffic Challans By Vivek Nasa FOR MORE INFORMATION CONTACT Vivek Nasa & Associates Chamber no 11, Second Floor, Lawyers Chambers Block A, Gurgaon Civil Court, National Highway 8, Gurugram, Haryana 122001, India Get Directions Phone: +91 9811896536 Website: https://www.viveknasa.com Email: contact@viveknasa.com Facebook Profile: Visit Google Maps: Visit Youtube Channel: Visit

Waiver of Cooling-Off Period for Mutual Consent Divorce in India

Waiver of Cooling-Off Period for Mutual Consent Divorce in India By Vivek Nasa Associates The concept of mutual consent divorce was introduced in India to provide an amicable and less adversarial way for couples to end their marriage when they find it irreparable. Under Section 13B of the Hindu Marriage Act, 1955 , and similar provisions in other personal laws, couples can file for divorce by mutual consent if they have been living separately for at least one year and agree that the marriage cannot be sustained. However, one of the most debated aspects of this provision is the mandatory “cooling-off period” of six months between the first and second motions for divorce . This raises the question: Can the cooling-off period for mutual consent divorce in India be waived off? Understanding the Cooling-Off Period The cooling-off period is a statutory requirement designed to give couples time to reconsider their decision to divorce . It acts as a safegua...

Law on Quashing of an FIR after a Chargesheet is Filed

It is a settled position of law that the High Court possesses inherent powers to quash criminal proceedings — including an FIR or charge-sheet — where the interest of justice so demands. This authority, now codified under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (previously Section 482 CrPC), is not curtailed merely by procedural developments such as the filing of a charge-sheet. In Shaileshbhai Ranchhodbhai Patel & Another v. State of Gujarat & Ors. , the Hon’ble Supreme Court reaffirmed that the High Court may exercise its inherent jurisdiction to quash an FIR and all consequential proceedings even after a charge-sheet has been filed, if the allegations — taken at face value — do not disclose the commission of any offence, or if the continuation of proceedings would amount to an abuse of the process of law or of the Court. In Joseph Salvaraj A. v. State of Gujarat & Ors. [(2011) 7 SCC 59], it was further clarified that the filing of a charge-sheet after the...

Advocate Vivek Nasa

Search This Blog