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Dashrath Rupsingh Rathod v. State of Maharashtra

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 2287 of 2009)Decided 1 Aug 2014
Criminal Appeal No. 2287 of 2009
Justice T.S. Thakur · Justice Vikramajit Sen · Justice C. Nagappan

Background

Several cheque-dishonour complaints had been filed where the payee deposited a cheque or sent the demand notice, although the drawer's bank was elsewhere. In Rathod's case, a cheque drawn on a Bhandara bank was presented at Digras, and the High Court directed return of the complaint for filing before the proper court.

Decision Breakdown

The three-judge Bench held in this 2014 judgment that a standalone Section 138 prosecution ordinarily belonged in the court covering the drawer's bank where the cheque was dishonoured; a payee's choice of collecting bank or place for sending notice did not confer jurisdiction. Rathod's appeal was dismissed, leaving return of the complaint intact. To manage pending cases, proceedings that had reached recording of evidence under Section 145(2) after the accused's appearance could continue where pending; other complaints were to be returned. Refiling within thirty days preserved timeliness if the original filing was itself timely. The concurring opinion also recognised statutory rules for jointly trying connected offences.

Lesson Learnt

This 2014 ruling required cheque holders to check the competent court before filing and provided a route to refile returned complaints. Its venue rule describes the judgment's historical holding.

Official source (sci.gov.in)View Judgment (PDF)

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