NEGOTIABLE INSTRUMENTS ACT, 1881

 

Section 138: Dishonour of cheque for insufficiency, etc., of funds in the account:

 

Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice. to any other provision of this Act, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to twice the amount of the cheque, or with both:

 

Provided that nothing contained in this section shall apply unless-

 

(a) the cheque has been, presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier;

 

(b) the payee or the holder in due course. of the cheque as the case may be, makes a demand for the payment of the said amount of money by giving a notice, in writing, to the drawer of the cheque, within fifteen days of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and

 

(c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice.

 

Explanation.- For the purposes of this section, "debt or other liability" means a legally enforceable debt or other liability.

 

 

CODE OF CRIMINAL PROCEDURE, 1973

 

Section 177: Ordinary place of inquiry and trial.

 

Every offence shall ordinary be inquired into and tried by a court within whose local jurisdiction it was committed.

 

Section 178: Place of inquiry or trial.

 

(a) When it is uncertain in which of several local areas an offence was committed, or

 

(b) Where an offence is committed partly in one local area and party in another, or

 

(c) Where an offence is a continuing one, and continues to be committed in more local area has one, or

 

(d) Where it consists of several acts done in different local areas, it may be inquired to or tried by a court having jurisdiction over any of such local areas.

 

Section 179: 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.