Sec 138 n.i. act

amit (Querist) 24 August 2015 This query is : Resolved
Dear Sirs,
1. Filed a 138 NI act case at Agra against accused at New Delhi of Cheque Bounced Amt.9 Lacs.

2. Bailable warrant has been issued. Thereafter Dashrath Roop Singh Ruling came into applicability. Magistrate ordered on Dec, 2014 to transfer the case at New Delhi Jurisdiction.

3. Client's lawyer had not informed regarding the orders to client and moved to Singapore.

4. Somehow when client came to know about the order and new Bill Passed in NI Act, that now his matter can be adjudicated at Agra only. The client appointed a lawyer and tried to get the said case restored. Magistrate dismissed the case.

5. X new lawyer had given excuse that X previous lawyer had not informed X that the case has been shifted to New Delhi and he move to Singapore leaving X matter in between.

Q1. What remedy is available to X for the adjudication of the case?

Q2. Because, the amount is heavy for Rs.9 lacs, X will suffer a lot if the case is not further adjudicated.

Q3. Any other remedy for X since the bailable warrant has already been issued to accused before the ruling of Dashrath Singh.

Q4. Any other remedy or relief?

Follow Query

Report Abuse

Guest (Expert) 24 August 2015
Now the Case To be Refiled at Complainant's Jurisdiction Complying The Formalities.The Earlier warrant will hold No Value.Request your Advocate to Act Fast.

SAINATH DEVALLA (Expert) 24 August 2015
Now a cheque dishonour case under Section 138 of NI ACT, will have to be filed in a court at a place as per the provisions of Section 142(2) of the Negotiable Instruments Act, which has been inserted by this new Ordinance, and even all pending cheque bouncing cases will also be transferred to the courts as per this new provision.

Rajendra K Goyal (Expert) 26 August 2015
Agree with the expert SAINATH DEVALLA .

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries