JURIDICTION OVER THE CASE

Querist : Anonymous (Querist) 20 November 2009 This query is : Resolved
THIS REFERES THE JURIDICTION OVER THE CASE U/S 138 ( BOUNCING/DISHONOUR OF CHQ) . THE CASE WAS FILED ON THE OFFICE ADDRESS WHICH IS IN ONE DISTRICT . AND THE RESIDENCE AND BANK FROM WHICH THE CHQ IS DISHONOUR IS ON THE OTEHR DISTRICT. THE OTHER PARTY IS APPLIED FOR TRANSFER OF CASE .

pLESE LET US KNOW THE BRIEF DETAILS ABOUT JURIDICTION OVER THE CASE AND CASE LAWS IN THIS MATTER

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joyce (Expert) 20 November 2009
Jurisdiction: Lies
1.where the transcation takes place.
2. where the parties resides.

NI Act usally based up on thecnicality of the facts and circumstances.

Shivasurya (Expert) 20 November 2009
Mr. Anonymour,
In practice, under section 138, NI Act proceedings, nowadays there are 5 jurisdiction
1. Complainant's residence or office
2. Complainant's bank
3. Accused residence or office
4. Accused bank
5. Office of the complainant's lawyer who issues statutory notice.
there are so many case laws regarding jurisdiction for proceeding u/s.138, NI Act. If you provide your email id, I can send the relevant citations

Raj Kumar Makkad (Expert) 20 November 2009
Shivasurya has rightly replied.

N.K.Assumi (Expert) 21 November 2009
Also refer the case of Trilux Technologies Singapore P.Ltd vs Boon Technologies, 2005-Comp case 551, for jurisdiction of Court.

Sachin Bhatia (Expert) 21 November 2009
agree with Mr.Shivasurya

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