ramesh (wer) 20 March 2012

Jurisdiction of court to file ni 138 case

Dear Experts,

What will be the jurisdiction of the court to file a case under 138 NI act .

For an Instance,

1.The accused is a permanent residence of Mangalore,Holds an account with CITI bank at Mangalore.

2.CITI Bank account of the accused from which cheque is drawn is in Mangalore, but it is a multi city cheque and the cheque is payable at any branch of the CITI bank in India.

3.How ever the Multi city cheque bears Mangalore Branch address.

4.The complaint is based in Hubli, he presented the cheque in his bank account at Hubli.His bank has send it to CITI bank branch at Hubli.The cheque was dishonoured at CITI bank branch of Hubli .

Now in which city court the complaint has to file the case under 138 NI act.

Regards

Ramesh

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7 Replies

rahul (director) 20 March 2012

hubli

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 20 March 2012

Hubli will not have jusrisdiction due recent SC CITATIONS.

iT WILL ALSO ATTRACT OTHER PROVISIONS, mainly how you can in contact with the accused and what transections were there.

Even if the case if filed at HUBLI , it can be challlanged and if defense advocate does proper home work , you have to withdraw it and file again at the place of accused.

Or the complaint will be quashed in revision since for out station parties police enquiry is must.