surya kaliyamoorthi (Assistant Legal Manager) 05 July 2010

138 ISSUE..

Dear learned friends

Reg: Seeking your indulgence to solve my legal issue

We are a selling computer parts across India. But one of our client from patna purchased above 10 lak goods and giving PDC check to realize the amount. After presentation of check in patna, the check has been bounced. But thereafter we bounce the check in Chennai once again and send 138 notice then filed a case in Chennai itself. Because the Chennai is a Head office having legal Team we don’t have enough employees to file a case in patna. We got Non–bailable warrant against defaulter and he imprisoned for two months and he has been released in bail. Hereafter he filed a case directly in Supreme Court saying it is not appropriate filing case in Chennai then he also withdraw the case. Later he approached Madras High court, he got an Interim order( We don’t about the order. But yet to know) and enjoying fruit of order. Now the issue comes to me to solve. Bouncing the check in different location is valid…? When it comes to jurisdiction issue…?

SuryaMoorthi. K

Legal Advicer

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1 Replies

Basavaraj (Asst, Manager-Legal) 06 July 2010

Dear Firend Surya,

I can help you on jurisdiction issue, you need not to warry beacuse Hon'ble supreme court of Inida has already been held finally finding rulings in K.Bhaskaran V/s Shankaran Vaidhyan Balan (1999) 7 SCC 510.

You please refere the said landmark judgment and you will come the the real issue. In this judgment hon'ble court very clearly held the 5 palces to sue the 138 cases and jurisdication of that.

I think accused would have filed application for quesh the proceedings which field agaisnt him.

I advise you that since 138 offense in bailable and compundable, Magsitrate cannt decline from granting bail to the accused either by surity or personal bond. So taking NBW agaisnt accused only to treat and try to recovr the amount.

Sending accused insdie the jail, you would not get anthing, just we need to keep NBW as wepean.