section 138 of N.I Act
venkat reddy
(Querist) 15 October 2008
This query is : Resolved
what are the jurisdictions to file a case, i heard that on advocates address also we can take as jurisdiction.please let me know.
venkat
Mukul Aggarwal
(Expert) 15 October 2008
as per the supreme court ruling only four places have jurisdiction
1. where complanant resides
2. where complanant bank address
3. where accused resides
4. accused bank address.
Advocate address is not the jurisdiction for the cheque bouncing case.
ARVIND JAIN
(Expert) 15 October 2008
SORRY.AS PER SC ADVOCATE ADDRESS IS ALSO ENOUGH TO CREATE JURISDICTION.THATS WHAT THE FINANCIAL INSTITUTIONS ARE (MIS)USING NOW A DAYS PARTICULARLY IN DELHI AND AS A MATTER OF RESULT MORE THAN 7 LAKH CASES ARE PENDING IN DELHI COURT. A DAY WILL COME WHEN ALL COURTS WILL BE SO OVER BURDENED WITH SUCH CASES THAT THE WHOLE JUDICIAL ADMINISTRATION WILL COLLAPSE LIKE STOCK EXCHANGE.GO ON AND FILE THE COMPLAINT ON THIS BASIS.
anonymus
(Expert) 15 October 2008
Mr Arvind Jain is correct. The place from where the notice is issued also considered as place of cause of action. hence the court at the place of advocate's address from where the notice is issued has jurisdiction.
kumar sachin
(Expert) 16 October 2008
thanx experts
as far as advocate's address is concerned as jurisdiction,
it is news to me also.
thanx
is there any case law on this point.
please refer.
ARVIND JAIN
(Expert) 16 October 2008
YES. SC JUDGMENT. CHECK UP THE CITATION.
sanjay kumar patibandla
(Expert) 17 October 2008
Mainly in filling criminal case cause of action and place of offense are important.
In 138 of NI act cases cause of action starts from the date when the 15 days of mandatory period of legal notice laps. Naturally legal notice will be issued from the advocate's address. So cause of action and place of offense is advocate's address.
venkat reddy
(Querist) 23 October 2008
thanks for reply, is there any citation.
