Sec.138 of n.i.act
pushpakrishna
(Querist) 09 September 2014
This query is : Resolved
Dear Experts,
As per the recent Supreme Court Judgement here after the cases U/S 138 Of N.I.Act one should file cases where cheque has been bounced.of course it is nothing but benifit for the Accused only.complainant has to face the trouble instead of the accused. Ex:- Hyderabad business man sends goods to Mumbai business man in return he may give the Mumbai bank cheques if the cheque is bounced at mumbai then case has to file at mumbai Courts by hyderabad business man. As per the judgement by three man bench now it has filed the cases at the place of bounce.MY DOUBT IS THAT AMENDMENT IS NOT NECESSARY ? As there is statute and according to the STATUTE now we are filing cases U/s 138 of N.I.Act.kindly clarify the same we have to follow the STATUTE or to follow the SC Judgement. one of the presiding officers of the Court is we have to follow the Judgement .kindly do needful with suitable advice.Thanq.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 09 September 2014
1) The recent 1st Aug 14 SC Judgement has confirmed without specific mentioning various earlier citations that criminal trial will be at the place of crime.
In case of bounced cheque it is at the place of drawee branch of the bank.
2) However now the 25th Aug Mumbai HC judgement has created a tricky situation.
It has allowed jurisdiction at the place of payee branch of the bank. So Mumbai parties can continue to file cases for out station parties here.
But cases handed over to the complainants from out of state places to Mumbai parties will not be registered here due to this citation.
They will have to approach Division bench at Mumbai HC or go to SC so that the cases remain in limitation or file civil cases for recovery.
Rajendra K Goyal
(Expert) 09 September 2014
The decision of the Apex Court are applicable whether suits to someone of not, till any law is enacted otherwise or higher bench of court amend it.
You may think the amendment as unnecessary, but it is applicable.
V R SHROFF
(Expert) 09 September 2014
ALL 138 N I CASES WHERE EVIDENCE STARTED WILL NOT BE TRANSFERRED.
