Sarbani Bhattacharjee (junior) 12 July 2014

Section 138 of n.i.act

I would like to know about a case. a loan agreement was made between the complainant and the accused. during the agreement it was decided that if/when a dispute arises between the two parties, the matter should be tried in the court of Delhi. instead the matter was filed in the court of Kolkata. how shall I quash the case at the court of Kolkata and transfer the case to the court of Delhi as it was previously decided. please help.. need immediate assistance..

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6 Replies

Sudhir Kumar, Advocate (Advocate) 12 July 2014

whether any cheque was signed

Sarbani Bhattacharjee (junior) 12 July 2014

yes sir.. cheque was signed

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 12 July 2014

if the dispute is regarding contract then special condition will attract and on this ground the case filed in kolkata may be dismissed or transfer by court.

R Trivedi (advocate.dma@gmail.com) 12 July 2014

If it is the civil matter (which it seems) then the agreement terms on jurisdiction aspect is binding, but if it is the criminal case then jurisdiction aspect cannot be fixed by litigants. Since you are defendant then most likely he would have filed this agreement, and you can cite that admitted position.

You have to engage a local lawyer there and seek transfer of case from Kolkata HC.

Sudhir Kumar, Advocate (Advocate) 12 July 2014

the palce of agreement is irralevent. In present day intercity connictivity any cheque can be presented in any part of the country and on bouncing criminal case canbe filed at the place where the cehque was presented.