Cheque
ROJA shree
(Querist) 19 June 2013
This query is : Resolved
Complaint files u/s. 138 and files before proper Court, with respect to jurisdiction based on accused’s address. Magistrate retunred the complaint, saying to file before proper Court. But it was files before proper Court only. What is the remedy ? How to proceed further?
Veeresh Naik
(Expert) 19 June 2013
Jurisdiction in negotiable instrument act is not according to the place of residence of accused, it depends upon 1)where the cheque was issued, 2)where the cheque was dishonored, 3)the place from where notice was issued, 4)the place where the transaction had taken place. If you have filed at wrong forum, and if returned then present it before proper forum, if there is delay, then file delay condonation application.
Nadeem Qureshi
(Expert) 19 June 2013
agree with expert
K.Bhaskaran Vs. Sankaran Vaidhyan Balan, (1999) 7
SCC 510, learned counsel for the petitioner has submitted that in the
aforesaid case, Supreme Court, while dealing with the question of
territorial jurisdiction held that the offence under Section 138 of
N.I.Act can be completed only with the concatenation of a number
of acts namely, (1) drawing of the cheque, (2) presentation of the
cheque to the bank, (3) return of the cheque unpaid by the drawee
bank, (4) giving notice in writing to the drawer of the cheque
demanding payment of the cheque amount and (5) failure of the
drawer to make payment within 15 days of the receipt of the notice.
