Recent judgement in cheque bouncing case
Ravi Kumar
(Querist) 20 August 2014
This query is : Resolved
What will happen to cases which are underway and have not reached the stage of summoning the evidence. Will the cases be transferred to the place where the bank is located i.e where the cheque has bounced.
ajay sethi
(Expert) 20 August 2014
yes cases will be transferred as per SC judgement to city wherein accused bank is located and cheque was dishonoured
Anirudh
(Expert) 20 August 2014
Please note the mode in which the pending cases will be transferred.
The pending Complaints (which are according to the SC Ruling liable to be transferred to other jurisdiction) shall be RETURNED to the Complainant for filing in the proper Court.
The complainant, after receiving the complaint back from the Court, SHOULD FILE within thirty days of the receipt from the Court, and ONLY then it shall be deemed to have been filed within the time
prescribed by law, unless the initial or prior filing was itself time barred.
Ravi Kumar
(Querist) 20 August 2014
Thank you all for the replies. Dear Mr Anirudh, Does this mean that the files are not automatically transferred by the court. These needs to be filed by complainant again in the correct jurisdictional court. Please correct me if my understanding is wrong.
Ravi
Anirudh
(Expert) 20 August 2014
Your understanding is correct.
The pending cases will not be transferred by the Courts to the jurisdictional court. In fact the courts will return the complaint to the complainant. It is the complainant who has to file it in the correct jurisdictional court within 30 days from the date of receipt of the complaint from the court.
In fact, each one, who has filed the 138 complaint has to approach his/her lawyer, request him to request the court to return the complaint to enable filing in the appropriate court. If one waits for the court to return the complaint, then it will unnecessarily delay the process.
Shonee Kapoor
(Expert) 21 August 2014
Agree with Ld. Anirudh, even the Respondents can ask for dismissal of case for want of jurisdiction.
Regards,
Shonee Kapoor
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