Jurisdiction of Section 138 NI Act Cheque Bounce Cases in West Bengal

Jurisdiction of Section 138 NI Act Cheque Bounce Cases in West Bengal

Territorial jurisdiction in cheque-dishonour cases is governed by the NI Act's special jurisdiction provisions. It should not be determined simply from where the accused lives, where a business meeting occurred or where a notice was received.

Section 142(2)

The Supreme Court has reaffirmed that where a cheque is delivered for collection through an account, Section 142(2) places jurisdiction with the court within whose local jurisdiction the branch of the bank where the payee or holder in due course maintains the account is situated. The statutory rules must be applied to the actual presentation and banking record.

Outstation Accused

Residence outside West Bengal does not by itself decide Section 142(2) jurisdiction. It can separately raise procedural issues when process is sought against an accused beyond the Magistrate's territorial jurisdiction.See the outstation summons guide and defence service.General legal information only.