Cheque bounce case
KVE ANAND
(Querist) 08 October 2015
This query is : Resolved
We are running a partnership firm in Tamilnadu.
We had filed a cheque bounce case in Kerala court against the party who had bounced a cheque at the place where the party and his bank were located,
But now on the halfway of the case,we are asked to tranfer the case to the court in Tamilnadu where the cheque had got dishonouerd, due to recent amendment.
We had already incurred expenses for filing the case in Kerala and also if we conduct the case in Tamilnadu we had to again approach the respective court in Kerala to execute the decree given by the court in Tamilnadu which again causes undue delay and additional cost in excuting there decree.
Hence we request to give us advice if we can conduct the case in Kerala court itself?,if so what do we need to do now?
The status of the case as of now is still pending with Kerala court and the honourable judge is asking to transfer the case to the court in Tamilnadu.
Please advice.
Anirudh
(Expert) 08 October 2015
As the law stands today, you have no other choice.
Unfortunately, the amended law does not provide for any exception, where complaint can be filed at jurisdiction within which the drawer of the cheque resides.
Guest
(Expert) 08 October 2015
If your Case in Kerela had Come to the Level of Recording of Evidence then it Could be continued there It Self.Discuss with your Advocate.
P. Venu
(Expert) 08 October 2015
NI 138 is a criminal proceeding. There is no question of executing the decree unless a compromise is worked out.
Rajendra K Goyal
(Expert) 08 October 2015
The case would proceed as per provisions of law presently applicable.
KVE ANAND
(Querist) 10 October 2015
What does the law says ? Is it the choice of plaintiff to decide the place of trial either at the location where the drawee or drawer bank is located?
Please explain me with excerpts.
Anirudh
(Expert) 10 October 2015
As the law exists today, it does not give any such option to the complainant.
Dr J C Vashista
(Expert) 11 October 2015
Being criminal in cheque dishnour case no decree shall be passed.
After the judgment passed by Supreme Court in the case titled, Dashrath Roop Singh Rathod Vs. State of Maharashtra" complaint cases u/s 138 NI Act,1889 are shuttling. Since there was disruption in the parliament proceeding the NI Act amendment bill could not see the light of day and six weeks after session of Parliament the Ordinance promulgated got expired. There was no law/ordinance till issuance of next ordinance.
Presently the cases u/s 138 NI Act are being tried where the drawee got the cheque presented/returned dishonoured.
Collect your complaint and re-file in the court of jurisdiction where your banker is located.
P. Venu
(Expert) 11 October 2015
It appears that an a new Ordinance has been notified on 22nd September.
K.S.Srinivas
(Expert) 12 October 2015
Agreed with Sri P.Venu. A second Ordinance has been notified.
KVE ANAND
(Querist) 17 October 2015
If I had presented the cheque in Kerala, at the place where the drawer is located ( even though my bank account is in Tamilnadu,I can present the cheqe at my banks Kerala branch also)the evidence gets recorded at that place in Kerala when cheque bounces.In this situation shall I file the cheque case at Kerala,where the evidence is recorded?
