138matter
jeetendra patel
(Querist) 24 March 2012
This query is : Resolved
Dear colleague, i have filed a complaint U/S 138, against a pvt. co.( on the basis of documents i.e.loan agreement, deed of gurantee, promissory note . deposit of title deed and) on the basis of bounced cheques.i have following query.
1)specific cause of action is not pleaded in the complaint, consequences?
2)complaint filed stating therein that the complainant bank, registered office and complainant working for gain in Pune, whereras the accused bank and transaction took place at Banglore and loan agreement stipulates jurisdiction to Madras court if any dispute arises?
3)Complainant is also a private company who has given short term loan to the accused company on the strength of loan agreement on 100Rs. stamp paper.Can it be used for colateral purpose otherwise apprension of admissibility of document for want of insufficiency of stamp.
Please enlighten me on above points and more specifically on the point of jurisdiction and admissibility of document with supporting caselaws. Regards and thanks in advance.
V R SHROFF
(Expert) 24 March 2012
Adv Patel,
Specific case not required.
Only that you must prove liability.
Please enlighten me on above points and more specifically on the point of jurisdiction and admissibility of document
Rs. 100/- stamp paper will do for evidence. It is Cr. p c [ Not Civil PC]
Its all OK. Matter of Evidence at later stage of prosecution.
SAINATH DEVALLA
(Expert) 24 March 2012
Dear Mr.Jeetendra,
Your 2nd point is not clear in expression,kindly enlighten us more specifically.
ajay sethi
(Expert) 24 March 2012
you have stated specific cause of action is not pleaded in complaint . what are the facts mentioned in complaint .
does it not mention that pursuant to loan agreement entered inot with accused loan was given . the accused had submitted guarantee , submitted title deeds of property . in repayment of loan cheque issued which were dishonoured on presentation .you have to mention legal notice issued on time and thata ccused has faield to make payment on time . the cheque was issued in discharge of debt due and payable .
where have you filed the comp[laint? your query is completely silent on that aspect .
if complainant registered office is in pune , accused is in bangalore then ordinarily pune or bangalore would have jurisdcition . if as per agreement it is specifically provided that in event of disputes only madras has jursidiction you ought to have played safe and filed complaint in madras
Shonee Kapoor
(Expert) 24 March 2012
i agree with Ld. Sethi
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
