Dishonour of “AT PAR” Cheques,which court has jurisdiction to try case?

[bpagrawal]

Dishonour of "AT PAR" Cheques,which court has jurisdiction to try case? Leading Bombay high court judgment


Giving huge relief to the Creditors, Bombay High Court held that Dis-honour of "AT PAR" Cheque cases can be filed to the Court within whose local jurisdiction the nearest available branch of bank of the drawer situated.

Dishonour of "AT PAR" Cheque; Complaint can be filed in the Court within whose local jurisdiction the nearest available branch of Drawer's bank situated. SC Judgment in Dashrath v. State is not applicable to "AT PAR" Cheques

It is thus clear that in the present case by issuing cheques payable at all branches, the drawer of the cheques had given an option to the banker of payee to get the cheques cleared from the nearest available branch of bank of the drawer. It, therefore, follows that the cheques have been dishonoured within the territorial jurisdiction of Court of Metropolitan Magistrate at Kurla. In view of judgment of Hon'ble Supreme Court in the matter of Dashrath v. State of Maharashtra, the learned Metropolitan Magistrate of Kurla Court has jurisdiction to entertain and decide the complaint in question".

Mr.Ramanbhai Mathurbhai Patel
V/s.
State of Maharashtra & Anr.

CRIMINAL WRIT PETITION NO. 2362 OF 2014
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE

CORAM : M.L.TAHALIYANI J.
DATED : 25TH AUGUST, 2014
http://www.lawweb.in/2014/08/dishonour-of-at-par-chequeswhich-court.html