Jurisdiction for cheque bounce cases
kavitha rajagopal
(Querist) 09 August 2014
This query is : Resolved
What is the jurisdiction for cheque bounce cases as per the recent supreme court judgement.?
prabhakar singh
(Expert) 09 August 2014
TELL US WHY YOU FEEL WE ARE OBLIGED TO DO THAT WHEN WE HAVE RESOLVED NOT TO DO SO.
Guest
(Expert) 09 August 2014
As an advocate, did not you feel it necessary to intimate the reason why you felt the assistance of the members of this forum when you are supposed to know the jurisdictions of the courts?
Better discuss what is your own problem and why you want the Supreme Court to interfere in your affairs through its judgments, rather than asking a question to the experts community, like a teacher to his/her students.
Anirudh
(Expert) 09 August 2014
According to the latest decision of the SC, it is the place of the drawer's bank where the cheque gets bounced and that is the place where the 'offence' gets committed, and therefore the Sec. 138 N.I. complaint has to be filed before the Magistrate under whose jurisdiction the place where the Bank of the Drawer of the cheque is situated.
All the pending cases (except those cases where, post the summoning and appearance of the alleged Accused, the recording of evidence has commenced as envisaged in Section 145(2) of the Negotiable Instruments Act, 1881, which will continue to be tried in the courts in which they are currently pending) regardless of whether evidence has been led before the Magistrate at the pre-summoning stage, either by affidavit or by oral statement, the Complaint will be maintainable only at
the place where the cheque stands dishonoured.
Therefore the SC has given a direction that all other Complaints (obviously including those where the accused / respondent has not been properly served) shall be returned to the Complainant for filing in the proper Court.
The complainant, after receiving the complaint back from the Court, files/refiles within thirty days of the receipt from the Court, then it shall be deemed to have been filed within the time
prescribed by law, unless the initial or prior filing was itself time barred.
(Refer the latest decision dated 1.8.2014 by the SC in Dashrath Rupsingh Rathod Vs.
State of Maharashtra & Anr)
The above decision by the Supreme Court will be the latest law of the land on this issue.
(Expert) 16 August 2014
