Case Law Details
Nadress TU Vs State of Assam and Anr (Gauhati High Court)
Provisions of Section 142(2) of N.I. Act makes it abundantly clear that no classification of cheque, as bearer or cross cheque/account payee cheque is made in the N.I. Act, for the purpose of jurisdiction. And as such no classification of cheque can be made for the purpose of jurisdiction, being not provided in the Act. Moreover, from the word ‘any cheque’, used in section 138, it can be well inferred that it may be an account payee cheque or a bearer cheque, dishonor of which on account of insufficiency of fund or exceed the amount would amount to an offence and would attract the penalty.
FULL TEXT OF THE JUDGMENT/ORDER OF GAUHATI HIGH COURT
Legality, propriety and correctness of the order dated 22.06.2022, passed by the learned SDJM, Hojai in N.I. Case No. 03 of 2022, under section 138 N.I. Act, is challenged in this revision petition, under section 397/401 read with section 482 of the Code of Criminal Procedure, by the petitioner – Shri Nadress TU. Be it mentioned here that vide impugned order, the learned court below had dismissed the case for want of territorial jurisdiction.
Heard Mr. S. Nawas, learned counsel for the petitioner and also heard Mr. P. Borthakur, learned Addl. P.P. for the state respondent.
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