U/s 138 n.i.act
Sweeta
(Querist) 25 February 2013
This query is : Resolved
Dear All
pls advice me , that i hav filed complaint case u/s 138 N.I.ACT at chandigarh. Accd has moved the application for lack of jurisdiction and for presentment in delhi court. The complainant bank is at chandigarh , accusd bank at delhi, accd office & residence at delhi, IF I WITHDRAW MY COMPLAINT FOR FILLING IT IN DELHI COURT AND MAKE STATEMENT ACCORDINGLY FOR WITHDRAWL OF COMPLAINT. PLS ADVICE ME , IS MY WITHDRAWL WITHOUT FILLING REPLY TO APPLICATION WILL NOT GOING TO BE ADVERSE FOR ME.IS MY DECISION OF WITHDRAWL IS RIGHT?
V R SHROFF
(Expert) 25 February 2013
As I read, it is clear that "PROCESS WAS ISSUED"
and accused filed Revision against issue of Process. Under the circumstances, you need not withdraw your Complaint.
Let court decide Jurisdiction, and Let them trf the case to Delhi if they so wish.If you withdraw it, you may loose Limitation. It will adversely affect you.
After knowing that cause of action at Delhi, you should have filed it at Delhi.
Apex court ruled that in 138 n i compl cannot deposit cheque at distant remote place to harass accused, if all other transaction , and cause of action arise at accused's residence or office.
Kiran Kumar
(Expert) 25 February 2013
The court will be looking into the entire set of transaction held between the parties.
I am not completely discounting the jurisdiction of Chandigarh Courts here.
My opinion is if the money was to be paid at Chandigarh then the Chandigarh Courts must have the jurisdiction.
Even if the court decides that there is no jurisdiction to try the matter at Chandigarh still you need not to withdraw your complaint. Let the Court return the complaint to you for proper presentation at appropriate court. This will save limitation period for you.
good luck.
Raj Kumar Makkad
(Expert) 28 February 2013
I directly address your query instead of airing my opinion on various related issues. If the transaction was held at Delhi then it is better for your to withdraw the complaint with permission to file the same at Delhi on the same cause of action then only you should withdraw and this shall not affect your chances in the case.
