U/s 138 N.I.Act
Sweeta Saili
(Querist) 04 December 2010
This query is : Resolved
Cheque issued frm Mahindergarh, dishonord in Chandigarh, compainant office in chandigarh, accused at mahindergarh, no transaction showing any bill drawn frm chandigarh against cheque amount. Pls advice , case can b filed at chandigarh or mahindergarh?
Swati ,Advocate
Guest
(Expert) 04 December 2010
Complaint can be filed at Mahindergarh or in Chandigarh.
ashish lal
(Expert) 04 December 2010
As per K. Bhaskaran vs Sankaran Vaidhyan Balan And Another AIR 1999 SC
3762:
"The offence under Section 138 of the Act can be completed only with the
concatenation of a number of acts. Following are the acts which are components of the said offence :
(1) Drawing of the cheque,
(2) Presentation of the cheque to the bank,
(3) Returning the cheque unpaid by the drawee bank,
(4) Giving notice in writing to the drawer of the cheque
demanding payment of the cheque amount,
(5) Failure of the drawer to make payment within 15 days of the
receipt of the notice.
(1) Cheque was drawn in Mahindergarh
(2) Cheque was presented in Accused's bank Mahindergarh. Kindly note complainant's bank was merely acting as agent.
(3) Cheque was dishonoured in Mahindergarh
(4) Notice was received by Accused in Mahindergarh.
(5) Accused failed to make payment. This also occurred in Mahindergarh
Therefore only appropriate courts of Mahindergarh have the jurisdiction
Guest
(Expert) 04 December 2010
Mr.Ashish, pls note:
Complaint can be filed in any of the following regional Courts:
(1) Place of Accused Banker;
(2) Place of Accused Address;
(3) Place of Complainant Banker; and
(4) Place of Complainant Address.
Hence Complaint can be filed in Mahindergarh (Accused address) or Chandigarh (Complainant address).
Mr.Ashish, your cited case itself has the above explanation.
ashish lal
(Expert) 04 December 2010
Mr Rao, as far as I think no cause of action has either occurred at Complainant's banker or Complainant's Address as far as 138 NI Act is concerned.
Mr. Rao kindly tell me where such an "explanation" has been given in Bhaskaran Case.
G. ARAVINTHAN
(Expert) 05 December 2010
place of cause of action is the bank, where the complainant got information that the cheque issued by the accused is dishonoured. So either the place of complainant's bank or the place of accused's bank
Guest
(Expert) 05 December 2010
Complaint can be filed at Mahindergarh or in Chandigarh.... nO case law require.... law is clear.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 05 December 2010
Yes but you can take help of Heraman case of SC to claim that case should be at the place of transection.
Advocate Bhartesh goyal
(Expert) 05 December 2010
Recently S.c&various H.C held that cause of action arises to file complaint u/s 138 of N.I Act only where the accused bank dishonour the cheque.So Mahendra garh court has only jurisdiction to try the case.
