Regarding cheque return
Ajay Kochar
(Querist) 27 August 2014
This query is : Resolved
Respected Sir's, I requier your help in a matter in which we as company received a cheque from the customer situated in trivendrum. The said cheque we deposited in Ahmedabad as our head office and registration of the company is also in ahmedabad and it comes returns with the reason of insufficient fund. Now the question is weather there is any verdict of the supreme court regarding lodging the case under Negotiable Instrument Act Section 138 in that jurisdication only from where the bank and branch situated for the cheque which we received like we received from trivendrum, we need to lodge the comaplaint in trivenrum? or can we lodge the complaint in Ahmedabad only.
Request you to revert on the same.
thanks in advance
Anirudh
(Expert) 27 August 2014
According to the latest SC decision given on 1.8.2014 in the case of DASHRATH RUPSINGH RATHOD Vs. STATE OF MAHARASHTRA & ANR., the Sec. 138 Complaint is to be lodged only before the Magistrate under whose jurisdiction the bank of the drawer is located. That means, in the present case, Trivandrum and not any other place.
ajay sethi
(Expert) 27 August 2014
agree with MR anirudh
yusufkhan
(Expert) 27 August 2014
its very bad but no other way but bombay high court say in the judgement of ramanbhai mathurbhai patel vs sherkhan trading co.'s case if at par cheque return drawee's bank local branch then that court have a jurisdiction to try the case. judgement date 25/08/2014
Ajay Kochar
(Querist) 28 August 2014
Thanks all experts for resolving my query.
Anirudh
(Expert) 20 September 2014
The decision of Mumbai HC in ramanbhai mathurbhai patel's case has since been stayed on 18.9.2014 by Hon'ble Supreme Court in ramanbhai mathurbhai patel vs. State of Maharashtra & Anr. in SLP (Cri.) No. 7251 of 2014.
