One case previously u/s 138, now two different jurisdiction

Madhu Mittal (Querist) 29 October 2014 This query is : Resolved
A case u/s 138 N I act comprising of three cheques i.e. two cheques from one drawee bank and one cheque from another drawee bank was filed taking the jurisdiction of payee’s bank. Now due to decision of Supreme Court in Dashrath Rupsingh Rathod, the file was returned to us. Now file returned is one comprising all documents i.e. unserved registred notice etc, and now cheques have two different jurisdiction. Please let me know how to file.

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Anirudh (Expert) 29 October 2014
You have got the document to show that the complaint was returned to you.

Keeping that letter from court, split the complaint and file it in two jurisdictions. In both the cases, make a preamble saying that you had filed a complaint earlier in such and such jurisdiction. Enclose the original complaint as a copy. Then explain, in view of the complaint having been returned to file in the respective jurisdiction, the present complaint is being filed. Then suitably amend your complaint to cover only those cheques which relate to a particular jurisdiction.

Guest (Expert) 29 October 2014
Better Seek the Help of Advocates of relevant Jurisdictions who would be able to implement the filing of cases successfully.

V R SHROFF (Expert) 29 October 2014
file complaints at appropriate jurisdiction
use cr p c 294

ajay sethi (Expert) 29 October 2014
agree with Mr Anirudh

Rajendra K Goyal (Expert) 29 October 2014
Cases have to be filed in appropriate jurisdiction, agree with expert Anirudh.

Sudhir Kumar, Advocate (Expert) 30 October 2014
agreed with experts

Advocate. Arunagiri (Expert) 30 October 2014
I agree with Mr.Anirudh.

Sudhir Kumar, Advocate (Expert) 01 November 2014
reference

http://www.lawyersclubindia.com/forum/One-case-previously-u-s-138-now-two-different-jurisdiction-111492.asp#.VFTTJ2eO5G0

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