138 ni case
deepak panchal
(Querist) 16 May 2012
This query is : Resolved
Respectede Sir/Madam,
I am defending charge of 138NI.last week i have been granted bail after summons.
I want to know following from you learneds,
1) Can i apply to transfer the case to a court within jurisdiction of my place of residence, my branch bank (My cheque was "at par" both bein closeby and the court within approximately 6-7 Kms because i it being very far(about 70 Km) from my residence as iam handicap,jobless and i have to use various expensive modes ro reach.The complainant has reasoned that police station where they filed complaint and his office being within the jurisdiction of court where the complaint is filed.The complainant had initially harassed by filing police complaint in jurisdiction of his bank and residence both closeby
2) The annexure attached to summons did not bear signature of complainant & advocate.What i should do?
3)The demand Notice was sent to me after 20 days after date of my bank memo f "Payment Stopped".What is the lawful period within which period the demand notice needs to be sent?
LASTLY Please tell me how i can add to the query and clarify after or during answers from you experts.
ajay sethi
(Expert) 16 May 2012
complainant can file case within jursidction of court wherein he has his office .
cheque issued by you must have been dishonoured when presented to your bank . since your bank branch is located within jurisdction of the court your application for transfer wont be entertained .
legal notice has to be given within 30 days of receipt of intimation of dishnour
deepak panchal
(Querist) 17 May 2012
Sir, my bank branch is not within jurisdiction of the court where case is filed.Also in the first police complaint filed by him he had stated that his bank is within jurisdiction of borivli police station where i was called several times.
deepak panchal
(Querist) 17 May 2012
Also, prior to the bail procedure,the complainant insisted and took a date just one day before my professional exams date after he learned about my exams dates.
SAINATH DEVALLA
(Expert) 17 May 2012
Contest the case engaging an experienced lawyer well versed in NI Act.
Deepak Nair
(Expert) 17 May 2012
1. You cannot seek transfer of the case. If the jurisdiction is not proper, you can get the case dismissed on that ground.
2. The absence of signature does not matter in the copy of petition used for service. The original complaint in the court have signature.
3. The demand notice is well within time. The prescribed time limit is 30 days.
It is better to appoint a lawyer to contest the case. Otherwise the result would bring you loss.
Shonee Kapoor
(Expert) 18 May 2012
Why get the case transferred, when you can get it dismissed based on the jurisdiction.
Regards,
Shonee Kapoor
harassed.by.498@gmail.com
R Trivedi
(Expert) 18 May 2012
Jurisdiction in NI cases is very wide " thanks to one not so thoughtful (quite rare)order by Supreme Court.
1. The Bank Branch of accused.
2. The bank Branch of complainant.
3. The transaction place from accused side.
4. The transaction place from complainant side.
5. The place where the cheque was handed over.
6. The branch where the cheque was deposited.
Is it the malafide case or there is some truth in the case ?
deepak panchal
(Querist) 18 May 2012
Answers to your six points as per me invlaidates the court jurisdiction.
Complainant has not mentioned when,where about blank cheque.
Complainant has falsely alleged dishonest and malafide intention.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 May 2012
Mr Panchal you have understood your problem better and I appreciate that you have located the real flaw.
SC has generally held that the provisions of NI act are legal fiction and hence all of them have to be strictly followed .lapses on the part of complainant are fatal.
Most of the complainants fail to follow many imp requirements and that is why it is always simple, sure and easy for any accused of cheque case to win.
deepak panchal
(Querist) 18 May 2012
Please all learneds, in addition to above what other factors i need to stress for dismissal of false case/complaint.Also how, where, when i should pray for justice to me to get the false case dismissed because the next date given is 30th july.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 May 2012
Regarding jurisdiction at six places is most misunderstood concept as given in BHASKARAN CASE.
SO DIVISION BENCH OF SC IN 2008 IN THE HERMANN CASE HAS MADE IS CLEAR THAT :=
26. Learned counsel for the respondent contends that the principle that
the debtor must seek the creditor should be applied in a case of this nature.
27. We regret that such a principle cannot be applied in a criminal case.
Jurisdiction of the Court to try a criminal case is governed by the provisions
of the Criminal Procedure Code and not on common law principle.
BEING A DIVISION BENCH CITATION IT OVER RULES ALL SINGLE JUDGE EARLIER CITATIONS.
deepak panchal
(Querist) 18 May 2012
dear Mr JSDN,
Thansk . May i plz rqt u to elaborate on "Mr Panchal you have understood your problem better"? as i have not understood proprly
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 May 2012
I have referred this reply of yours-
Answers to your six points as per me invlaidates the court jurisdiction.
Complainant has not mentioned when,where about blank cheque.
So now request the court to first decide where and when the cheque was given and bounced. , TO CONFER JURISDICTION TO THE COURT.
AS YOU SAY THAT THIS IS NOT MENTIONED BY THE COMPLAINANT.
deepak panchal
(Querist) 18 May 2012
Thanks you all the learneds!
Please tell me whom i shud apply for dismissal of case the for wrong jurisdiction.
Now, The complainant after two absentees has filed evidence affidavit yesterday.
Please advise
V R SHROFF
(Expert) 02 June 2013
File Revision in Session court for challenging Jurisdiction,
First go thru Complain word by word.
also go thru Demand notice.
must appeal within 90 days of receiving Summon.
