The judicial trend of territorial jurisdiction in India. Dishonor of cheques (eBook, PDF)
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Academic Paper from the year 2020 in the subject Law - Public Law / Miscellaneous, , language: English, abstract: This thesis is about cheques and their territorial distinction in India. The series of cases discussed above surely shows a changing trend pertaining to the territorial jurisdiction in cases of offences committed u/s 138 of the NI, Act, 1881. The Bhaskaran case has been a precedent in all cases relating to the concerned matter but its ratio had to be diluted by the series of cases which came after it. It is essential to understand that there is a demarcation between the completion ...
Academic Paper from the year 2020 in the subject Law - Public Law / Miscellaneous, , language: English, abstract: This thesis is about cheques and their territorial distinction in India. The series of cases discussed above surely shows a changing trend pertaining to the territorial jurisdiction in cases of offences committed u/s 138 of the NI, Act, 1881. The Bhaskaran case has been a precedent in all cases relating to the concerned matter but its ratio had to be diluted by the series of cases which came after it. It is essential to understand that there is a demarcation between the completion of the offence and the cognizance of the offence for taking it to prosecution. The case of Dasharath has been the trend setting case to absolutely dilute and overrule the ratio of the Bhashkaran case, and urge for the Amendment Act to make amends in the NI, Act and insert the provisions providing guidelines for determining the territorial jurisdiction of the courts to try the complaints filed u/s. 138 of the NI, Act, 1881. Thus, the cases, after the ordinance definitely favoured the drawee from all the distress, he would go through over cheques being dishonoured on being presented due to further litigation. There is a definite shift in the territorial jurisdiction as to from the place of the cheque being issued to the place of cheque being collected or presented by the payee in the bank. It also guides through in situations of transfer of cases to the original jurisdiction when there are multiple pending cases.
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