S.K.Sharma (HSE) 03 November 2014

What to do now for cheque dishonor case

My two cheque dishonor cases against the builder company were going on in Tis Hazari court since last aboout 9 months where that builder never appeared and send his advocates to court for getting next date by giving execues whereas the other party didnt came to court even once.Now after the supreme court ruling those cases are to be filed in the court where the cheque issued bank was based as cheques received by me from builder were issued by Noida bank brances of Axis bank.

My advocate has not collected the case file from Tis hazari court even after 2 months so that he can file this case in Noida court.I dont know why he is reluctant. I have the following question

1. Can I go the Tis Hazari court and collect my case file personaly without my advcoate?

2. Can I file the case in Noida court myself or I need a advocate to file case on my behalf?

3. Where the court in Noida is located and what is the way ahead for me now

4.Though as I understand the case will start from where the case has reached in TisHazari court means the case will not start from the beginning, am I right

5. As the builder is using all the means to delay the case, how long this case may go on?

I will be thankful for this forum members to give me the proper pointwise reply

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2 Replies

Sanjeev Kuchhal (Publishers) 04 November 2014

"To obviate and eradicate any legal complications, the category of Complaint cases where proceedings have gone to the stage of Section 145(2) or beyond shall be deemed to have been transferred by us from the Court ordinarily possessing territorial jurisdiction, as now clarified, to the Court where it is presently pending. All other Complaints (obviously including those where the accused/respondent has not been properly served) shall be returned to the Complainant for filing in the proper Court, in consonance with our exposition of the law. If such Complaints are filed/refiled within thirty days of their return, they shall be deemed to have been filed within the time prescribed by law, unless the initial or prior filing was itself time barred." (Para 20) See 2014 (8) LJSOFT (SC) 1
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In your case as briefly described by you ur case should have been deemed to have been transferred to the Approrpriate Court at Noida.