Jurisdiction for filing complaint case u/s.138 n.i.act
MAHESWAREE SWAIN
(Querist) 25 March 2015
This query is : Resolved
HELLO EXPERTS
let me explain that i have a cheque of State bank of Bhubaneswar branch issued by accused person in favour of complainant and the complainant placed it in his bank central Bank at Bhubaneswar branch. when the endorsement of insufficient of funds came out the complainant intimate this to the accused and the accused wants for 20 days more time and assured to place the cheque again after the prescribed period and after laps of time of 20 days again the complainant placed the cheque in his bank central bank of india at Khordha branch and the same thing was happend as funds insufficient.
now here my question is that in which place i have to file the complaint case u/s. 138 on N.I.Act? is that place of Bhubaneswar where the accused person's bank or in that place where the complainant placed the cheque first time or in that place where the second time the complainant placed the cheque at Khordha. please clarify and please provide me if there is any kinde of citation available. its urgent. Thank you.
M.Sheik Mohammed Ali
(Expert) 25 March 2015
As per recent SC order, where the accused bank located there only you have to file the above case.
V R SHROFF
(Expert) 25 March 2015
ADVOCATE ms:
Bhubaneswar branch
MAHESWAREE SWAIN
(Querist) 25 March 2015
THANK YOU SO MUCH
SIR PLEASE PROVIDE ME THE SC ORDER IF POSSIBLE
Isaac Gabriel
(Expert) 25 March 2015
See the link
http://www.lawyersclubindia.com/judiciary/SC-Landmark-judgment-on-jurisdiction-in-cheque-bounce-cases-4020.asp#.VRLu2Pz7I4U
Nadeem Qureshi
(Expert) 26 March 2015
as per the judgement of Apex Court, the Jurisdiction will be in the court where the bank is situated in which the cheque got bounced.
ajay sethi
(Expert) 26 March 2015
agree with experts
SAINATH DEVALLA
(Expert) 27 March 2015
Sail with the comments of the experts
MAHESWAREE SWAIN
(Querist) 01 April 2015
helo experts!
again one query is that is it possible in every time to file in the accused's bank jurisdiction? and is it possible to file in the other state under this act? becoz accused is of Hydrabad and he was working at orissa but subsequently he eloped from his working place and shifted all his business to his town Hydrabad. Now there is a problem in front of me that if i file complaint case against him in his town then first it is too much expensive for the complainant in to and fro. so any kind of suggestion which will help the complainant
to file in the complainant's jurisdiction because accused knowingly have did all this and the complainant couldnot afford to go such distance place regularly. so is there any way experts? plz answer me....
SAINATH DEVALLA
(Expert) 01 April 2015
U are holding the other cheques also belonging to Bubaneswar branch, how can U file them in the place where he is located now.
M/s. Y-not legal services
(Expert) 26 March 2015
