Case u/s 138

R.Jaiswal (Querist) 03 July 2010 This query is : Resolved
I have given four blank signed cheques to Std.ch.Bank as security for a personal loan.Due to failue of business I cant pay the last 12 EMI , as such bank prersent 1 cheque and the cheque is bounced from my bank in Kolkata, Bank file a case in Chennai u/s 138.
I wish to know where there is any circular/notification/legal decision that case u/s 138 must start at palce where cheque is returned.

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B K Raghavendra Rao (Expert) 03 July 2010
Case has to be filed where cause of action has taken place. It could be the place of residence of the complainant, place of bank where it had been presented, accused and place of accused's banker.

DEFENSE ADVOCATE.-firmaction@g (Expert) 09 July 2010
The bank can do it if notice is sent from that place.

Basavaraj (Expert) 10 July 2010
I do not agree with Mr.Rao.
As per the Supreme Court direction in K.BHASKARAN V/S SHANKARAN VAIDHYAN BALAN (1999) 7 SCC 510

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