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Showing posts from August 30, 2014

Dashrath Rupsingh Rathod Ruling: can be "ignored"… as Per In Curiam

In limited understand of things, I write… And, I try to put it simple and straight…. 1.      The dishonor of cheque is made a punishable offence by virtue of section 138 of Negotiable Instruments Act, 1881. 2.      The offences are tried under the Criminal Procedure Code of 1973. 3.      Section 179 of said Code reads as – Offence triable where act is done or consequence ensues: When an act is an offence, due to anything, which has been done, and of a consequence, which has ensued, the offence may be inquired into or tried by a court within whose local jurisdiction such thing has been done or such consequence has ensued. 4.      The plain reading of Section 179 of said Code would suggest that the alleged commission of an offence, may be inquired into or tried by a court within whose local jurisdiction the consequence has ensued. 5.      In dishonor of cheques, unarguably, the consequences ensues at the place of the residence / place of business of the