Can i transfer 138 ni act case from one state to another
Rocky
(Querist) 04 September 2014
This query is : Resolved
138 NI Act Case started on June 2013
Civil Money Suit Case started on Feb 2014
--------------------------------------------------------------
A friend of mine (6 Years friendship) had put a 138 NI Act cheque bouncing case and a money suit against me, using my two lost cheques.
Those lost cheques had already police record (6 month older) & the account was closed by properly written application to the Bank. Those cheques were bounced by them long after 6 month of that account closed situation, then they raised the case in one of Delhi, district court.
Those cheques are from Kolkata, SBI account. Account was joint account with my father who is an employee of that bank. It was used to handle very less transactions, as my dad used to send me money for my study long time back.
Their claim of taking loan & commitment of return, is 100% falsified and based on those two police recorded, lost cheques which they somehow got or stolen. No promiss letter, no written statement by me nor any guarantor of taking loan from them. They claiming those cheques are behalf of part payment as they do not have another cheques, which claim is also in oral.
They make me travel delhi-kolkata on regular basis to appear on the court. And it is very very tough for me as I work and live in Kolkata.
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
Dear all respected contributors at Lawyersclubindia, please suggest me a way by which I can move this 138 NI Act case & Money suit from Delhi district court to my state(Kolkata) district court, as this cheques are from my state bank account(Kolkata), Police record of was lost launched in Kolkata, my local address in bank account is Kolkata.
I want to move those cases to my state district court, to avoid the harassment of intense Delhi-Kolkata updwon travel journey.
--------------------------------------------------------------
138 NI Act Case started on June 2013
Civil Money Suit Case started on Feb 2014
--------------------------------------------------------------
Devajyoti Barman
(Expert) 04 September 2014
After the passing of recent Supreme Court 138 cases are to be filed in the court within the jurisdiction of drawer's bank only.
So the cheque bouncing case should be transferred by administrative order of the Delhi court.
However civil suit is unlikely to be transferred.
Anirudh
(Expert) 04 September 2014
First it has to be seen how far the Sec. 138 case has already progressed. You have to indicate the stage at which the case is currently pending. Only depending upon that it can be said whether the case can be transferred or not.
ajay sethi
(Expert) 04 September 2014
case under section 138 NI would be transferred to kolkata as per recent SC judgement . however summary suit wont be transferred
Raj Kumar Makkad
(Expert) 04 September 2014
I evidence has not been recorded in the complaint then the case shall be returned to the complainant with permission to file before the court having territorial jurisdiction wherein the banker of the accused is situated.
T. Kalaiselvan, Advocate
(Expert) 07 September 2014
Yes, as per latest judgment of Supreme court, the cheque bounce case may be transferred to Calcutta within your bank's jurisdiction, however the money recovery suit may remain to be tried at Delhi itself.
