About the juridiction in negotiable matter
Adv M.D.Azhar
(Querist) 11 April 2013
This query is : Resolved
sir,
in One case A who is a drawer drawn a cheque in favour of B. A is living in jetpur while B in Bodeli. A drawn a cheque in Bodeli in favour of B and B had deposited the said cheque in bodeli and same was returned. so that B has given a notice to A who is residing in jetpur from chhotaudepur. A did not made the payment after recieving the notice. so B has filed a complain in jetpurpavi court so that A has filed a revision application before the session judge that jetpurpavi court has no juridiction to try the said matter. I have read the case of K.Bhaskaran and read all the 5 elements which is mentioned and if one of that incident took place in the juridction of any place than such court can try the matter. SO here in this case is it a good argument does the jetpur court has the juridction to try the matter or not?
V R SHROFF
(Expert) 11 April 2013
Adv Azhar,
K.Bhaskaran and all the 5 elements, are over 10 years old.
check Supreme Court rulings thereafter.
Asa many financial institutions started the tactics to harass the borrower, and lodge complain at far off the residents of accused, , the Jurisdictions are restricted.
Now only where cause of action aroused, or where cheque bounced, or where accused reside
Raj Kumar Makkad
(Expert) 11 April 2013
Complaint can be filed only from Baroly in the given case and thus the present complaint deserves dismissal on that ground. The revision is accurate.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 15 April 2013
Many exceptions have been provided in later HC and SC citations but BHASKARAN judgment has not been specifically over ruled and hence it is being exploited by many complainants.
All accused must take this matter of jurisdiction beyond sessions court to HC and even SC if stakes are more.
YOU WILL SURELY GET RELIEF.
Arun Kumar Bhagat
(Expert) 15 April 2013
jetpurpavi court has juridiction to try the said matter.
Adv M.D.Azhar
(Querist) 18 April 2013
i would like to ask arun bhagat sir that how jetpurpavi court has the juridiction? because accused lives there?
Arun Kumar Bhagat
(Expert) 18 April 2013
Yes. See Harman Electronic's Case of Apex Court.
Adv M.D.Azhar
(Querist) 29 April 2013
thanx arun sir for advice and citation.
