138 ni act

Santosh S. Avhad (Querist) 06 November 2012 This query is : Resolved
company filed a complaint u/sec. 138 of N I Act at mumbai on jurisdiction that notice sent from mumbai office and branch office also suitated at mumbai and cheque also deposited at mumbai. the court had taken congnizance of the complaint and issued process and the summons served to accused. the evidence filed by the complainant and matter kept for cross examination. now the accused advocate filed an application for dismiss the complaint on jurisdication point that the cheque issued at jabalpur presentaed at Andra pradesh return at andra pradesh. Court passed the order that no such provision for dismiss the complaint after issuance u/s.204 Cr.p.c therefore, according to sec 201 Cr.pc. this court has no juridiction to take cognizance of offence therefore this complaint should be return it for presentation in proper court. court rely on judgment Harman Electronic Pvt Ltd. National pansonic India Ltd. .Q) can court do that now after issue of process and filing evidence stage. 2) what is proper juridtion to file the complaint . company branch also the juridtion or not.3) what shall i do now. pls forward any judgement relevant to complainant.

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Arun Kumar Bhagat (Expert) 06 November 2012
Court is absolutely right. It has adopted the right path to send the complaint to a court of proper jurisdiction.