Navbharat Aluminium Bhandar through Its Proprietor Madanlal Pannalal Oswal v. Shri Parshav Tin Containers Registered Partnership Firm, Dhule and Others
Case brief
What is this about?
Section 138 Negotiable Instruments Act complaint returned for presentation before proper court; Section 142(2)(a) and Explanation — territorial jurisdiction where cheque delivered for collection through payee's account-holding bank branch; Additional CJM Ahmednagar; SCC Nos. 3144/2015 and 3330/2015; orders dated 07.02.2020 upheld; Criminal Applications 811 and 810 of 2020 dismissed; Prakash Chimanlal Sheth vs. Jagruti Keyur Rajpopat AIR 2025 SC 3456; Bridgstone India Pvt. Ltd. vs. Inderpal Singh (2016) 2 SCC 75; Navbharat Aluminium Bhandar vs. Shri Parshav Tin Containers, Dhule; Bombay High Court Aurangabad Bench; Sushil M. Ghodeswar, J.; 19 November 2025.
What did the court decide?
On merits, considering the provisions of law, this Court is in complete agreement with the submissions of the respondents' advocate that, in view of Section 142(2)(a) of the Negotiable Instruments Act and the Explanation therebelow, the learned JMFC had no jurisdiction to try the case and the complaints were rightly returned; the learned JMFC rightly passed the impugned orders dated 07.02.2020.