a person given a cheque having account in hyderabad to delhi trader but delhi trader not supplied the stocks properly and filed a false case at delhi under ni act.
Is it maintainable?as the drawer bank account at hyderabad.
Yes, Delhi court has only jurisdiction to try and inquire the case, As per sec 142(2) of N.I.Act the offence under sec 138 of N.I.Act shall be inquired into and tried only by a court within whose local jurisdiction " where payee maintained his bank account situates. Trader presented the cheque for encashment at bank situated at Delhi so Delhi court has jurisdiction to try the case.
