CS Ravi Bhushan Kumar

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*S.142 NI Act | Cheque Dishonour Complaint To Be Filed Where Payee Maintains Bank Account; Not Place Of Presentation : Supreme Court*

The case arose from a dispute concerning the dishonour of cheques issued by the Respondent towards repayment of a loan. The Appellant had deposited these cheques at Kotak Mahindra Bank's Opera House Branch in Mumbai. However, the account was maintained at the Bendurwell Branch in Mangalore. When the cheques got dishonoured, he filed a complaint there under the Negotiable Instruments Act. However, the Magistrate in Mangalore dismissed the complaint on the ground that jurisdiction lay where the cheques were physically presented i.e., Mumbai, a view later upheld by the High Court.

The bench comprising Justices Sanjay Kumar and SC Sharma set aside the Karnataka High Court's decision, which rejected a complaint filed in Mangalore on the ground that the cheque was presented in Mumbai.

*Cause Title:* Prakash Chimanlal Sheth Versus Jagruti Keyur Rajpopat

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Adv (CS) Ravi Bhushan Kumar
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