138 ni act
WHATSAPP 91-8075113965
(Querist) 14 July 2013
This query is : Resolved
A person was working in Dubai early and settled in kerala. When he was working in Dubai , one of his friend borrowed some money on the strength of UAE cheques.Later he left Dubai and subsequently he cannot be traced out . So, the person who has given the money has presented the cheques in the UAE bank and it was dishonoured for want of funds .Now, the borrower and lender, both are in Kerala.
the entire transaction has taken place in Gulf , cheque is also of a Gulf country. so, can a the lender file any civil or criminal case in india ?
please advice .
thanking you sirs....
Dr J C Vashista
(Expert) 15 July 2013
Terrtorial jurisdiction has been explained in details by Hon'ble Supreme Court in various cases (Herman Electronics case and others) and present transaction has taken place abroad which do not cover the jurisiction in Kerla Courts.
Nadeem Qureshi
(Expert) 15 July 2013
the complainant/cheque holder can file a civil suit before civil court for recovery of money
Rajendra K Goyal
(Expert) 15 July 2013
He can not file criminal case in Kerala for cheques dishonored in gulf.
