Section 138
Krishna Kumar Verma
(Querist) 14 April 2011
This query is : Resolved
we purchased goods on 60 days credit payment from our supplier at ambala haryana
like 13 may for rupees 182019 and on 19 may for rupees 129923 and we issued pdc of 60 days but to maintain our requirement we transfered him rupees 100000.on dated 18 june and again we purchased on 20 for rupees 73195
and 30 june 212670 and on 4 july rupees 19508 and we transfered rs 10 july 50 000 and on 8 august rs 50000 and on 13 august rs 50000 then we purchased 13 the august rs 174777 then paid rupees 50000 on 24 august but we could not receive the pdc from him but to my dismay he filed case for rupees 129923 u/s 138 at ambala .where as we have transferred the amount to him through rt gs
can he file case u/s 138 at amballa for the said payment and can be his jurisdiction at ambala or Chandigarh because the ofence of returning cheque is at Chandigarh
please clarify
thanks
Naresh Kudal
(Expert) 14 April 2011
your query is not clear, who will calculate your accounts? according to section 138 N.I.Act if someone issues a cheque in discharge of his liability (in part or in whole) to pay any debt or other liability and such cheque dishonor due to insufficient funds. Other party can proceed under this section.
SAANJAAY GUPTAA
(Expert) 15 April 2011
yes he can file case from Ambala and the court of Ambala has jurisdiction to take cognizance of the case.
prashant pundhir
(Expert) 15 April 2011
It is clearly given in 138n.i.act that court within whose jurisdiction -cheque dishonoured got jurisdiction to entertain complaint filed u/s 138 of the act .Drawee if compelled to filed complaint u/s 138 of the act either at place or where cheque issued or place where drawer of cheque failed to make payment.
K.K.Ponnappan versus Sibi C.J.(Ker)1999 DCR349=1998 cri. L.J 2402=1998(4) Civil LJ6
