In a recent judgment on S. 138 NI Act, Hon'ble Apex Court has held that complaint U/s 138 of NI Act can be filed only at the place of dishonor of cheque. Today almost all banks have CBS branches, cheques are payable at par at all branches of paying bank in India. If a drawer has base account in "A" bank at Delhi, he issues a cheque payable at par at all branches of "A" bank, payee presented this cheque before Mumbai branch of paying bank where it was dishonored, the cheque was not sent to Delhi branch of paying bank, it was dishonored at Mumbai branch itself for both the branches being CBS branches. Whether the payee can file complaint U/s 138 of NI Act at Delhi or Mumbai? Remember that the cheque was dishonored at Mumbai wheeras the drawer has his account with Delhi branch of the bank.
