Gayatri (2nd Year) 17 October 2014

Please help 138 transfer

Hi respected members,

I have a cheque bounce case since 6 years with stayed by Hon’bl High Court but due to non appearance of my advocate it has got vacated, which I want to transfer the case to my jurisdiction, little brief on the case,

I have not exactly issued the cheque it was forcefully snatched from me by some people on which a FIR has been lodged and investigation is still going on.

I am residence of Mumbai and the case is in Calcutta , all incident was happened in Calcutta, and the Stay order was issued by Hon’ble Calcutta High Court Only, My cheque bank was Mumbai, I have heard that , there was one recent judgment by Hon’ble Supreme Court that such cases may transfer to its cheque issuing bank jurisdiction,I am not sure but if it true then please help me how do I transfer my case.

Regards

Gayatri

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5 Replies

Anish Thakur 7018812737 (advocate) 17 October 2014

Dear Querist,

Find and download the attachment with this reply it will surey clear your doubts.If not feel free to call.

Attached File : 106724673 138 land mark judgement.pdf downloaded: 257 times

Gayatri (2nd Year) 17 October 2014

Thank you very much Sir, May I take your little more time sir, Can you please help me how to transfer my case from Calcutta to Mumbai. Please sir

Anish Thakur 7018812737 (advocate) 17 October 2014

Court will return the case file to complainant itself and will ask her to file/submit it in the fresh jurisdiction court within 1 month if he fails to do the complaint will be treated as dismissed.

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Gayatri (2nd Year) 17 October 2014

Sir will be allow me to ask my husband to call u right now he is in the office, I have explained your advised to him he want to talk to you sir, for the same we are staying away from our family....

BHUWAN RAJ 09839268489 (lawyer) 26 October 2014

Dear Gayatri

That judgement would be applicable in cases where process has not been issued or the accused has not presented himself before the court. In your case since the proceedings have been stayed by the Hon'ble Calcutta High Court, u have to apply to the calcutta high court with a stay vacation application and the stay will be vacated as your 138 case shall be transferred to Mumbai. According to that judgement even if the entire incidents might have happen at Calcutta but since the cheque was dishnoured from Mumbai, the jurisdiction for 138 shall lie to Mumbai only. However other remedies can be persued at Calcutta by the complainannt including suit for recovery for money or complaint under section 406,420 IPC. For further queries. Plz CALL

Regards

Bhuwan Raj, Adv

Cell:09839268489