About on jurisdiction of filing case u/s 138 of n.i.act

MAHESWAREE SWAIN (Querist) 01 April 2015 This query is : Resolved

Author : MAHESWAREE SWAIN
Posted 3 minutes ago
helo experts!
again one query is that is it possible in every time to file in the accused's bank jurisdiction? and is it possible to file in the other state under this act? becoz accused is of Hydrabad and he was working at orissa but subsequently he eloped from his working place and shifted all his business to his town Hydrabad. Now there is a problem in front of me that if i file complaint case against him in his town then first it is too much expensive for the complainant in to and fro. so any kind of suggestion which will help the complainant
to file in the complainant's jurisdiction because accused knowingly have did all this and the complainant couldnot afford to go such distance place regularly. so is there any way experts? plz answer me....

Follow Query

Report Abuse

ajay sethi (Expert) 01 April 2015
file summary suit to recover your outstanding dues

MAHESWAREE SWAIN (Querist) 01 April 2015
thank you sir . will you plz provide me one copy of this type of suit.

M/s. Y-not legal services (Expert) 01 April 2015
right now, section 138 N.I Act complaint is maintanable before the accused's bank jurisdiction only. so where he is resides, or where he is doing business.. its not issue.

we have to file complaint before the concern jurisdiction of accused's bank.

and you cant claim recovery of only under N.I Act. if your case is genuine men just you can punish the accused.

for the alternative remedy you have to file civil suit for recovery of money.

Rajendra K Goyal (Expert) 01 April 2015
Section 138 N.I Act complaint is maintainable before the accused's bank jurisdiction and not at accused residence jurisdiction.

You can file summary suit for recovery. If facts warrant, criminal complaint can be lodged.

Devajyoti Barman (Expert) 01 April 2015
agree with experts.

Advocate Bhartesh goyal (Expert) 01 April 2015

Summary suit can be filed at place where opposite party resides or carries on business or where cause of action partly or wholly arises but complaint of cheque bouncing can only be filed at place where accused bank situates.