1991 CRI. L. J. 2529 ::(1991) 2 CriLC 875 ::(1992) BankJ 409 ::(1993) CriLT 282 ::(1992) CivilCourtC 362 ::(1991) 2 RecCriR 685 ::(1991) 2 BankCLR 502 ::(1991) 3 Crimes 53 ::(1992) 73 ComCas 431 ::(2011) 1 NIJ 635 ::(1992) 1 Ker LT 393

Karnataka High Court

Hon'ble Judge(s): M. M. Mirdhe , J

Criminal P.C. (2 of 1974) , S.178, S.179— Negotiable Instruments Act (26 of 1881) , S.138— Trial for offence of dishonour of cheque-Jurisdiction of Court-Cheque issued at B drawn on Bank at A - Cheque sent for collection at B dishonoured at A-Court at B has jurisdiction to try case. The offence falling u/S. 138 of the Act will not be the only solitary act of dishonour by the Bank on which the cheque is drawn. Even giving of the cheque by the accused when he has not made arrangements for honouring of the cheque itself' will be a part of the facts constituting the offence. In view of the provisions of S.178(b) and 179, Cr. P.C. the complaint can be filed in a Court within the jurisdiction of' which the cheque has been issued or the place where the cheque is presented for collection or the place where the cheque is not honoured. Therefore where a cheque is issued at B drawn on Bank at place A and the cheque was given for collection at B. the Court at B has jurisdiction to try the offence of dishonour of cheque at place A.(Para 6)