Latest ground by supreme court or high court for file a case for cheue dishonour
JITENDER AGGARWAL
(Querist) 28 February 2012
This query is : Resolved
From: jitender aggarwal
Subject: LATEST GROUND BY SUPREME COURT OR HIGH COURT FOR FILE A CASE FOR CHEUE DISHONOUR
To: "e.mail.adv.nbsawant@yahoo.co.in"
Date: Monday, 27 February, 2012, 6:42 PM
Respected sir,
I am suffring by a builder, I was booked a plot in Noida and due to delay i was surender the booking and builder was given to me cheques but it was dishonour,
My residence in Faridabad and notice was sent by me from Faridabad and cheque was reecived in Faridabad after dishonour
but my bank branch and builder bank branch in C.P., Delhi,cheque was deposited in Delhi .The hourable judge of Faridabad Court is saying that Faridabad is not the Jurisdiction in my case, I Should file the case in Delhi or Noida. I am confused where i should file the case and should i withdraw the case or file the case in Delhi
I want to know where i can file the case and what is the latest guideline for filing the case u/s 138 .
Please guide me.
Thanks
Jitender Aggarwal
09716047297
jitender_aggarwal2000@yahoo.com
Deepak Nair
(Expert) 28 February 2012
As per the judgment in the K.Bhaskaran Case ((1999) 7 SCC 510), the offence under sec.138 is completed by the following acts.
1. Drawing of cheque
2. Presentation of cheque
3. returning/dishonour of cheque
4. Issuance of notice by drawee.
5. Failure of drawee to pay within 15 days.
Any one of the courts under whose jurisdiction the above acts have taken place can have jurisdiction to try the offence.
It was also held that the complaint can be initiated at the place where the Complainant actually resides or carries on business.
V R SHROFF
(Expert) 28 February 2012
All 3 are jurisdiction, you file complaint where you reside, a in ill be convenient to you, and difficult for builder
DEFENSE ADVOCATE.-firmaction@g
(Expert) 28 February 2012
The lower court is right, you have to file case where major cause of action arose.
Latest decison of SC in this matter is HERMANN case which is followed in many other cases.
Shonee Kapoor
(Expert) 28 February 2012
HERMAN case rules the roost.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 28 February 2012
I also have the same opinion as expressed above.
