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2014 CRI. L. J. (NOC) 32 (CAL.) ::2013 ACD 1113 (CAL)
Calcutta High Court
Hon'ble Judge(s): Kanwaljit Singh Ahluwalia , J

(A) Negotiable Instruments Act (26 of 1881) S. 138, 142 — Dishonour of cheque — Complaint — Territorial jurisdiction — Court at the place where the cheque is presented for encashment has a territorial jurisdiction to try a complaint AIR 1999 SC 3762; 2010 (1) CHN (Cal) 793, Rel on (Para 24)

(B) Negotiable Instruments Act (26 of 1881) S. 138 — Criminal P C (2 of 1974), S 202 — Dishonour of cheque — Complaint — Summoning order — No enquiry was conducted before issuing process as per the mandate of law laid down in Section 202 of the Code of Criminal Procedure — Summoning order is liable to be set aside ' “ Direction issued to trial Court to hold an enquiry within the meaning of Section 202 of the Code (Para 28)

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