138 and 142 of N.I.Act

Querist : Anonymous (Querist) 11 May 2011 This query is : Resolved
Jurisdictions for filing N.I. Act

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adv. rajeev ( rajoo ) (Expert) 11 May 2011
Where the complainant has got bank account and where the cheque is bounced.

Guest (Expert) 11 May 2011
i agree with expert

Basavaraj (Expert) 11 May 2011
As per the Supreme Court 5 guidelines in K. Bhaskaran v. Sankaran Vaidhyan Balan (1999) 7 SCC
510,the Supreme Court has stated about jurisdictions of filing 138 cases as follows :-
(1) Drawing of the cheque,
(2) Presentation of the
cheque to the bank,
(3) Returning the cheque unpaid by the
drawee bank,
(4) Giving notice in writing to the drawer of the
cheque demanding payment of the cheque amount,
5) Failure of the drawer to make payment within 15 days of the receipt of
the notice.

Guest (Expert) 11 May 2011
Well said basavaraj sir. With citation. Even the place from which notice sent assumes jurisdiction

Raj Kumar Makkad (Expert) 11 May 2011
Ganesan Sir! Hon'ble apex Court has clearly decided in latest citations that a place from merely notice was sent does not have jurisdiction to file criminal complaint under section 138 NI Act.

Advocate Bhartesh goyal (Expert) 11 May 2011
Yes,merely a place from where notice is sent does not have jurisdiction to file complaint u/s 138 of N.I.Act

Guest (Expert) 12 May 2011
i agree with Mr. Raj Kumar Makkad

Amit Minocha (Expert) 13 May 2011
Agree With Mr Makkad, it is Herman Electronics V/s National Panasonic SC Judgement

Querist : Anonymous (Querist) 15 June 2011
WITHOUT SIGNATURU NI ACT LEGEAL NOTICE IS VALID OR NOT

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