Cheque Bounce Jurisdiction
Vir Ji Pune
(Querist) 30 March 2019
This query is : Resolved
Hello Team, One of the client from Solapur given me cheque of Solapur Branch. I have deposited this cheque at Pune Bank in my nearest branch. Now cheque is bounced. I want to file case against my client as he is not responding. My question is what will be the Jurisdiction of court to file case ? Solapur or Pune ?
Advocate Bhartesh goyal
(Expert) 31 March 2019
Cheque bounce cases can be filed before the court within whose jurisdiction the bank branch of payee,where the payee presents the cheque for payment, situated.you have to file case in the court underwhose jurisdiction one branch situates.
P. Venu
(Expert) 31 March 2019
In view of the provisions of Section 142(2), the Court in Pune has the jurisdiction to try the case; the case needs to be filed there.
142. (1) ............................................................
(2) The offence under section 138 shall be inquired into and tried only by a
court within whose local jurisdiction,—
(a) if the cheque is delivered for collection through an account, the branch
of the bank where the payee or holder in due course, as the case may be, maintains
the account, is situated; or
(b) if the cheque is presented for payment by the payee or holder in due
course, otherwise through an account, the branch of the drawee bank where the
drawer maintains the account, is situated.
Explanation.— For the purposes of clause (a), where a cheque is delivered
for collection at any branch of the bank of the payee or holder in due course,
then, the cheque shall be deemed to have been delivered to the branch of the
bank in which the payee or holder in due course, as the case may be, maintains
the account.
Dr J C Vashista
(Expert) 01 April 2019
It will be Pune Court as the cause of action arose in Pune (banker of payee) in whose jurisdiction it got dishonoured.
Suresh Pillai
(Expert) 01 April 2019
I fully agree with Mr P Venu unless the Invoice or any such other Agreement subsists where both the Parties have accepted any other Jurisdiction
Vir Ji Pune
(Querist) 05 April 2019
Ok. Thanks a lot all of you
Sb Karma
(Expert) 30 December 2019
Can file in both...but Pune will be best option
