AIR 2010 (NOC) 779 (BOM.) ::2010 CRI. L. J. 2709 ::2011 ACD 82 (BOM) ::2010 (3) AIR Bom R 63 ::2010 (1) Bom CR (Cri)744 ::(2010) 2 CivilCourtC 645 ::2010 (2) NIJ 318 ::(2010) 1 Mh LJ (Cri) 482 ::2010 (3) Mah LJ234 ::2010 All MR (CRI)1025 ::(2010) 91 AllIndCas 417 (BOM) ::2010 (91) AllIndCas 417

Bombay High Court

Hon'ble Judge(s): Ranjana Desai, Mrs. Mridula Bhatkar , JJ

(A) Negotiable Instruments Act (26 of 1881) S. 138 — Dishonour of cheque — Complaint — Jurisdiction of Court — Registered office of complainant situated in Mumbai — Purchase order was placed in Mumbai — Statutory notice was issued from Mumbai and accused were called upon to pay the amount in Mumbai — Cheque was deposited in complainant—™s bank in Mumbai and cheque was dishonoured in Mumbai — Court at Mumbai would have jurisdiction to decide complaint 2009 AIR SCW 410 : AIR 2009 SC 1168, Rel on (Para 7,19)

(B) Negotiable Instruments Act (26 of 1881) S. 138 — Dishonour of cheque — Complaint — Jurisdiction of Court — Cheque can be presented at drawee bank or collecting bank of payee — If cheque was presented at collecting bank of payee and collecting bank presented it to drawee bank within period of six months and if cheque was dishonoured, Court at place where collecting bank was situated would have jurisdiction to try the complaint AIR 1999 SC 3762, Explained {" The cheque can be presented at the collecting bank of the payee. The collecting bank has to then send it to the drawee bank. That must be done within six months. If the cheque is dishonoured and money is not paid within 15 days of the notice, complaint can be filed at the place where the collecting bank is situated. The idea is that the cheque should reach the drawee bank within six months. It can be directly presented to it or it can be presented through the collecting bank. When in judgment reported in AIR 1999 SC 3762, the Supreme Court says that ' œpresentation of the cheque to the back' ‌ is a component of the offence under Section 138 of the NI Act, it is possible to hold that it conveys presentation of the cheque at the drawee bank or the collecting bank of the payee. It is pertinent to note that in Item (2) of paragraph 14, the Supreme Court has used the words ' œthe bank' ‌ and in item (3) thereof the Supreme Court has used the words ' œthe bank' ‌. Nothi....