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Section 142: Cognizance of offences and jurisdiction

Negotiable Instruments Act • Official Statutory Text & Practice Guide

Procedural Cognizance
Written Complaint Mandate
JMFC / MM
Act 1881
Section 141 All 148 Sections of Negotiable Instruments Act Section 143

Legal Commentary & Landmark Judgments: Section 142

Section 142 regulates the cognizance of offences under Section 138, prescribing that courts can take cognizance only on a written complaint by the payee/holder within one month, and establishing statutory territorial jurisdiction at the payee's bank branch.

  • Locus Standi & Written Complaint: Cognizance can be taken only upon a formal written complaint filed by the payee or holder in due course.
  • One-Month Limitation Window: The complaint must be filed within one month from the date on which the 15-day cause of action expires under Section 138(c).
  • Condonation of Delay (Proviso): The Magistrate is empowered to condone delay beyond one month if the complainant satisfies the court of sufficient cause.
  • Territorial Jurisdiction (2015 Amendment): If the cheque was delivered for collection through an account, jurisdiction lies exclusively where the branch of the bank where the payee maintains the account is situated.
Key Landmark Precedents:
  • Bridgestone India Pvt. Ltd. v. Inderpal Singh (2016) 2 SCC 341: The Supreme Court affirmed that the 2015 statutory amendment to Section 142(2) conclusively vests territorial jurisdiction in the court within whose local jurisdiction the payee's bank branch is located where the cheque was presented.
  • K. Bhaskaran v. Sankaran Vaidhyan Balan (1999) 7 SCC 510: The historical ruling whose fragmented multi-forum jurisdiction doctrine was superseded by the 2015 legislative amendment to Section 142.
  • Pawan Kumar Ralli v. Maninder Singh Narula (2014) 15 SCC 245: Held that the court should take a liberal, justice-oriented approach in condoning delay under the proviso to Section 142(1)(b) where genuine grounds are shown.
Courtroom Practice & Strategic Litigation Guidance:

Under Section 142(2)(a), filing jurisdiction is simple and favorable to creditors: file the complaint in the court having jurisdiction over YOUR bank branch where you deposited the cheque. If delayed, file an application under Section 142(1)(b) proviso explaining the delay (e.g., medical emergency or postal delay) alongside the complaint.

Section 141 All 148 Sections of Negotiable Instruments Act Section 143