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.
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