M/S.Coastal Projects Limited Vs
Case brief
What is this about?
The High Court, relying on the Supreme Court in Rathod, held the Chennai Magistrate lacked territorial jurisdiction as the cause of action arose in Bangalore. Since evidence was not recorded, the complaint was to be returned to the complainant for re-filing within 30 days in Bangalore.
What did the court decide?
The complaint was directed to be returned to the complainant for re-filing before the Metropolitan Magistrate in Bangalore within 30 days.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.11.2014
CORAM:
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU
Crl.O.P.No.6210 of 2014 and
M.P.Nos.1 & 2 of 2014
- M/s.Costal Projects Limited, Plot No.304-O, Road No.78, Film Nagar, Jubilee Hills, Hyderabad.
- S.Surendra 3. G.Harihara Rao 4. A.Bhaskar Rao .. Petitioners
- Vs -
Standard Chartered Bank, A company incorporated in England, and having its Registered Office at No.1, Aldermanbury Square, London and also having branches among others at No.19, Rajaji Salai, Chennai - 1. .. Respondent
Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records in C.C.No.818 of 2013 on the file of the learned Fast Track Court Metropolitan Magistrate, George Town, Chennai, pending as against the petitioners for the alleged offence under Section 138 of the NI Act and quash the said complaint.
Issues for consideration
2 issues framed by the court
Whether the learned Metropolitan Magistrate at Chennai had territorial jurisdiction to try the offence under Section 138 of the Negotiable Instruments Act.
Whether a case where evidence under Section 145(2) has not been recorded should be returned to the complainant to be filed before the jurisdictional court in Bangalore.
Parties & counsel
- petitioner
M/s. Costal Projects Limited and Others
- respondent
Standard Chartered Bank
Coram
S. Nagamuthu
Case details
As recorded by the court registry
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