Asked in Banking
Directions given in Dashrath Rupsingh Rathore versus State of Maharashtra by the larger bench of Hon'ble Apex Court is not enforceable today because Parliament has made an amendment in section 142 and created a new section 142A.
can file where the cheque bounced,imprisonment upto 2 years, legal notice can give with in one month from the date of dishonored
Jurisdiction previously case was to be filed from where cheque was issued, now after new amendment last year, jurisdiction will be the place where payee has account
sec 138 is going to become non bailable but I am not sure
Actually Ms. Mridula has given a correct answer but the said amendments were already made.....and as far as i understand the person is asking what new amendments are going to be imposed in N.I.Act...for that only Central Government can answer...
ur question is not clarified under which provision of act u r asking latest information or amendment
sec 138 shall be inquired into and tried only by a Court within local jurisdiction- a) if cheque is delivered for collection through an account, the branch of the bank where the payee or holder in due course, as the case may be, maintains the account, is situated; or b) if the cheque is presented for payment by the payee or holder in due course otherwise through an account, the branch of the drawee bank where the drawer maintains the account, is situated. And read case law which is passed by 3 bench of Supreme Court in Dashrath Rupsingh Rathore vs. State of Maharashtra.
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