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anuradha goyal (member)     03 February 2012

Jurisdiction

Hi experts,

                Whether complaint u/s 138 of Negotiable instruments act  can be filed at a place where cheque is presented for clearance

Thanxs



Learning

 4 Replies

Advocate Shaad Anwar (Founder and Managing Partner)     03 February 2012

yes

Chaitanya_Lawyer_Mumbai (Lawyer)     03 February 2012

Yes.

R Trivedi (advocate.dma@gmail.com)     03 February 2012

Although in cheque bounce matter the scope of jurisdiction is too large.. somewhat not good in law and sooner or later will be corrected by honorable Supreme Court. Still you should limit the same to place of transactions. Nowdays a cheque can be depoisted anywhere in any city or town, common sense wise it does not mean that you deposit the cheque in absolutely unrelated place and harrass the accused. 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     05 February 2012

People do it , file the case and even decided because just because advocate to not contest on this poing.

There are many provisions in the law , many many citations. Advocates should make its use for benefit of accused.


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