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    <title>2023 (9) TMI 444 - KERALA HIGH COURT</title>
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    <description>The Judicial First-Class Magistrate Court, Chengannur was held to have jurisdiction over a complaint under Section 138 of the Negotiable Instruments Act as the cheque was presented through an account within its jurisdiction. The court ruled that penal consequences for dishonor of the cheque cannot be shifted to another party. The maintainability of proceedings against erstwhile partners was upheld, emphasizing that the person who issued the cheque is liable. The plea to preclude criminal prosecution based on mediation and arbitration clause was rejected. The petition was dismissed, with directions to expedite the trial within three months.</description>
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    <pubDate>Mon, 21 Aug 2023 00:00:00 +0530</pubDate>
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      <description>The Judicial First-Class Magistrate Court, Chengannur was held to have jurisdiction over a complaint under Section 138 of the Negotiable Instruments Act as the cheque was presented through an account within its jurisdiction. The court ruled that penal consequences for dishonor of the cheque cannot be shifted to another party. The maintainability of proceedings against erstwhile partners was upheld, emphasizing that the person who issued the cheque is liable. The plea to preclude criminal prosecution based on mediation and arbitration clause was rejected. The petition was dismissed, with directions to expedite the trial within three months.</description>
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