JAI BALAJI INDUSTRIES LTD. v. M/S HEG LIMITED
Provides detailed analysis of key provisions of NI Act, CrPC, and principles of statutory interpretation.
Court: Supreme Court of India
Citation: 2025 INSC 1362
Decision Date: 28-11-2025
List of Laws
The Negotiable Instruments Act, 1881; Code of Criminal Procedure, 1973; Bhartiya Nagarik Suraksha Sanhita, 2023; Supreme Court Rules, 2013; General Principles of Law
- The Negotiable Instruments Act, 1881: The judgment extensively discusses Section 7, defining "Drawer", "Drawee", and "Payee". It analyzes Section 46, defining "Delivery" and its completion. Section 64, defining "Presentment for payment" and its requirements, is also discussed. The judgment provides a detailed analysis of Section 138, focusing on the conditions for an offence, the proviso's impact, and territorial jurisdiction. It also discusses Section 142, particularly sub-section (2) and its clauses (a) and (b), along with the Explanation, regarding cognizance of offences and jurisdictional aspects after the 2015 Amendment Act. The expressions "delivered for collection through an account" and "presentation for payment otherwise through an account" are analyzed. The meaning of "maintains an account" under Section 142(2) is also discussed. Section 142A, concerning the transfer of pending cases, is mentioned. Section 145(2), regarding the recording of evidence, is also referenced.
- Code of Criminal Procedure, 1973: The judgment refers to Section 177, discussing the place of inquiry or trial and the ordinary rule that offences should be tried where committed. Section 178, concerning the place of inquiry or trial when uncertain or involving multiple areas, is analyzed. The judgment also mentions Sections 132 and 308, without providing specific details.
- Bhartiya Nagarik Suraksha Sanhita, 2023: Section 446 is mentioned as the section under which the transfer petition was filed, read with Order XXXIX of the Supreme Court Rules, 2013. No further details are provided.
- Supreme Court Rules, 2013: Order XXXIX is mentioned as being read with Section 446 of the Bhartiya Nagarik Suraksha Sanhita, 2023, in relation to the transfer petition. No further details are provided.
- General Principles of Law: The judgment discusses principles of statutory interpretation, particularly regarding provisos and explanations. It emphasizes that a proviso should not negate the main provision and that an explanation should clarify, not override. The principle of "the legislature does not ordain with one hand and immediately negate it with the other" is highlighted. The judgment also touches upon the concept of "cause of action" in criminal proceedings and the importance of territoriality of offences. The concept of per incuriam is also mentioned.
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