U/s 138
YOGESH BHATIA
(Querist) 15 April 2012
This query is : Resolved
sir
i am a resident of delhi and involved in the business of dry fruits. i took personal loan from kotak mahindra bank ltd situated at delhi and pdc were issued from my cc account in indian overseas bank, defence colony, delhi branch. now due to financial loss incurred the cheques got bounced. but the bank filed a case in kanpur court u/s 138 for which nbw was also issued. i was arrested by the prashant vihar p.s. and produced before the judge in rohini court and was granted bail till my appearance in kanpur court on 23-4-12.now i want to know whether the case can be contiued in kanpur as all the acts were performed by me in delhi but the bank just to harass me has produced the cheque in their kanpur branch. does kanpur court has the jurisdiction to carry on further with the case.
yogesh bhatia
Shonee Kapoor
(Expert) 15 April 2012
No, the case is not maintainable in Kanpur.
But the bank would also have issued the notice to you before filing of the case under 138 NI. Did you reply to it. By any chances have you accepted any of the contents which make the jurisdiction of Kanpur.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 15 April 2012
You have not come with full factual details.State the facts of their notice and about reply if any given.
SAINATH DEVALLA
(Expert) 18 April 2012
Dear Yogesh,
These private recovery agencies have formed inot a mafia group,and started harrassing defaulters in many ways.They can present the in any city where the branch of the concerned bank is located.You must be the 100th person,with a similiar query.Only to make you fear and come for a settlement they present the cheque elsewhere.But as a deaulter you must be vigilant presuming these things.My sincere advice is go for a reasonable settlement,with your local bank officials and the end the matter ASAP.
