Relation b/t sec.138 of ni act and sec.202(1) of cr.pc.
Dr.Gaurang N. Gandhi
(Querist) 20 March 2012
This query is : Resolved
Is it necessary for the court to held inquiry before issue summons u/s.202(1)CrPC as the complaint filed u/s 138 of NI Act after amendment came in force 23/06/2006....
WE have filed a case for cheque return u/s138 of NI act at Gujarat, against a company and its board of directors, the company is situated at Mumbai.the pleader of accused appeared in the court and filed revision application challenging the order of the court to issue summons.
the main argument is that , the accused company is situated beyond the jurisdiction of the court so the court has to held inquiry u/s202(1) of CrPC before issuing summons.
other argument is that the statutory notice has also contained other charges so it became invalid and it becomes illegal when other charges are demanded in the Notice.
Can you forward me the any authority of HC or SC?
regards
GAURANG GANDHI
it is urgent
V R SHROFF
(Expert) 20 March 2012
138 CHQ REB HAVE 5 DIFF JURISDICTION, AND COMPL CAN LODGE COMPLAIN IN ANY COURT OF THOSE JURISDICTION, sO jURIS IS NOT A ISSUE.
eXTRA INF IN NOTICE IS IRRELEVENT. dEMAND OF AMT SHOULD CLEARLY STATE AMT OF CHEQUE.
NO NEED FOR AUTHORITY
V/F OF COMPL IS ENOUGH TO ISSUE PROCESS.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 20 March 2012
Defense advocate is smart , there are plethora of citations u/s 202 (1) and on this point alone the process will be quashed.
2) Regarding FIVE JURISDICTIONS the theory has been fine tuned by SC in RECENT HERMANN CASE and thereafter BY MANY HIGHCOURTS notably DELHI AND MUMBAI.
Nature always sides with the hidden flaw. OR
The hidden flaw never stays hidden for long
power of defense is immense since-
ajay sethi
(Expert) 20 March 2012
what part of cause of action has arisen in gujrat? was cheque issued by accused in gujrat?
if cheque was issued from bank in mumbai , registered office of accused in mumbai then mumbai will have jursidction not gujrat .
Raj Kumar Makkad
(Expert) 20 March 2012
I have nothing to add except endorsing the above detailed replies.
Sankaranarayanan
(Expert) 20 March 2012
Yes I do agree. The limit of accust place is the juristiction.
Shonee Kapoor
(Expert) 20 March 2012
Agreed with Ld. experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
