Negotiable instruments act
v chandrasekhar
(Querist) 20 June 2012
This query is : Resolved
Sir(s),
Following was my query about NI Act posted on 12th june at 12:03 pm & very promptly I recd. 3 responses (Sh Ajay Sethi , Sh Bhartesh Goyal & Sh Shonee Kapoor) for my query for which I’m very thankful. However, I’m a little confused after reading the reply reg. jurisdiction against judgement of SC as re-produced below after case synopsis for your kind perusal & comments. The judgement states that case can be filed at any of the 5 places whereas the esteemed panel has opined that case can be filed only where the agreement to sell / cancel was made i.e. at Bhopal as per my query.
I & my brother would like to present the cheque at Jaipur where I live & also fight the case from Jaipur so that my brother can give me GPA & I can be of help to him. It will make the builder to come to Jaipur & so it will be hard for him too & will make him repent for his ill deed.
Kindly clarify to remove my doubt.
CASE SYNOPSIS
1.My Brother booked a House to be built at Bhopal thru' a builder (based at Bhopal) & Paid advance.
2.Project could not be started & agreement was made to return the money thru' post dated cheques drawn on Bank X,Bhopal.
3.One case under sec138 is lodged at Bhopal due to bouncing of 1st cheque.
4.Now the 2nd cheque is due for payment.
5.My brother is presently in UK & one of his accounts is in bank Y @, Delhi.
6.Can he submit the cheques at Jaipur which has both the bank branches & where I reside to take care of his case thru' GPA.
7.ALternately, can he pledge/endorse the cheques in my name so that I can lodge case if the cheques bounce.
8.Kindly suggest.
Jurisdiction
On the question of jurisdiction, the following judgment of Supreme Court is worth noting:
K. Bhaskaran v. Sankaran Vaidhyan Balan; for citation is below. = 1999 (6) SCALE 272 (Judgment dated Sept.29, 1999= 1999 ALL MR (Cri) 1845 (SC) = 1999 (4) ALL MR 452 (S.C.)) by K.T.Thomas and Mr. M.B.Shah JJ; decided on 29-9-1999. Section 138 - Criminal Procedure Code, 1973, Sections 177, 178, 179 -Territorial jurisdiction - Dishonour of cheque - Complaint can be filed at any of the place: -
1. Where the cheque was drawn.
2. Where the cheque was presented for encashment.
3. Where the cheque was returned unpaid by drawee bank.
4. Where notice in writing was given to drawer of cheque demanding payment.
5. Where drawer of cheque failed to make payment within 15 days of receipt of notice.
ajay sethi
(Expert) 20 June 2012
no doubt in bhaskaran case supreme court has held that cheque can be presented where cheque was drawn , presented , returned , notice in writing was issued and where party failed to make payment .
the judgement of suprem court has been clarified in 2009) 1 SCC 720 Harman Electronics Private Limited v National Panasonic India Private Limited
in your case booking was done in bhopal , cheques were issued from bank in bhopal . however inorder to confer jurisdcition in jaipur you want to present cheques in jaipur . issue legal notice from jaipur .
in case you file complaint in jaipur accused will make an application for transfer of complaint to Bhopal .deposit of cheque at jaipur would not confer jurisdiction at jaipur . the cheque has to be presented for payment to bhopal branch of accused bank . further merely becuase notice was issued from jaipur would not confer jurisdcition to jaipur courts . the notice would be received in bhopal and only after receipt of notice the accused does not pay is the offence completed .
hence we advised you to file complaint in bhopal
SAINATH DEVALLA
(Expert) 20 June 2012
Dear Chandrasekhar,
Your brother intended to purchase property in Bhopal from a builder based in and undertaking constructing work in Bhopal.Hence all the legal formalities have to be made in Bhopal in case of deviation.
