Place of juridiction in ni act cases
sumit
(Querist) 10 August 2015
This query is : Resolved
Dear Sir,
Plz let me know about the latest law regarding the place of juridiction in NI Act cases. At present my cheque has bounced in hisar, and the party has filed a case under NI ACT IN HISAR, My bank account is in jhansi, so is it possible to file case in hisar under amended law.
Regards
sumit
(Querist) 10 August 2015
Dear Sir,
Is there any provision to get the case transferred to my place i.e place where my bank is located. My lawyer is saying as per new amendment done by Hon'ble SC case must be transferred to the place where chequebook was issued to me i.e where my bank is located but in net i have read everywhere that the place of jurisdiction is where the cheque got bounced as per amended law.
I am very much confused about the new law as my lawyer is also confussing me. Plz advise.
Anirudh
(Expert) 10 August 2015
The latest amendment in law has overcome the decision of the Supreme Court.
Therefore, the case cannot filed now in Jhansi or transferred to Jhansi.
sumit
(Querist) 10 August 2015
That means the accused has to suffer a lot as per this law. If someone dishonour the chq at chennai intensly then we have to travel to chennai for fight case, very bad law,
Anyways thanks for the advise
Guest
(Expert) 11 August 2015
Still If you have Very Highly Valid Legal Grounds you could get the Case Transferred to your Place by Seeking High Court Directions.
sumit
(Querist) 11 August 2015
Dear sir,
Already 3 false cases has been filed against me in jhansi, (as my manager has frauded us and took money against our chq, with false signature in chqs) so my adv.is saying if already case has been filed in one court by someone else against me then all the cases regarding same act can get transferred to one court from all over india irrespective of jurisdiction, so he is saying it is possible to transfer the case fron hisar to jhansi,
Is it possible, plz dont mind i am asking too much questions because in my place there is no good lawyer is available on whose advice i can act upon. Here advocates are just giving advice for their benifits only.
Regards
Anirudh
(Expert) 13 August 2015
The latest legal position is as under:.
1. If you give 3 cheques to me and if I have my head office and locations at 3 different places, normally I am entitled to present the cheque at three different places. If the cheques get dishonoured, then I can file three different cases at three different jurisdictions.
However, the latest law, limits the jurisdiction in which the case can be filed by me. The jurisdiction in which first I file the case, will continue to be the jurisdiction for other cases also, so far as the cheques given by you are concerned. This way, the harassment to the cheque giver is reduced, while at the same time protecting the interests of the cheque receiver as he can file the case where his business is located (instead of the earlier SC decision that the case can be filed only at the place where the cheque giver's bank is located).
With the above legal position, please have your own idea about the jurisdiction in your case.
Guest
(Expert) 13 August 2015
Better Discuss with your Advocate in Detail
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 August 2015
First of all new provisions are there because of ORDINANCE but it will lapse next week since not approved by RAJYA SABHA, unless it is reissued.
And the current provisions are only for cheques issued to same party. The creditors are always clever and they never file cases in same name and so such cases can not be clubbed.
And accused of cheque bounce cases must take expert legal advice from day one. Defense of civil cases does not work otherwise there are many technical loop holes in the law which makes it easy for the accused to come out easily.
