kaya (manager) 15 August 2014

138 cases - case filed in other state

Reg 138 cases, chq issued from chennai. Chq to be realized at chennai bank. Cargo purchased fm bangalore karnataka state. Cargo supplied fm karnataka final place at chennai agri commodities potato. For export fm chennai after reaching our godown. Payment chennai delivery only. Chq issued for purchases there is a quality issue n dispute. But issued advance chq. The same chq presented by the supplier at karnataka state. But all transaction at chennai tamilnadu. Whther supplier already filed case at karnataka in evidencing stage. As per latest supreme court judgement against 2287/2009. Whether this case can transfer to tamil nadu or can conduct at karnataka or case can dispose. Please advice me how can proceed

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6 Replies

Advocate Bhartesh goyal (advocate) 16 August 2014

As per latest judgment of S.C[Dashrath Rupsingh Rathore vs State of Maharastra] pending complaints up to the stage of service of summons shall,be return to complainant to present the same in proper court In your case, case is fixed for evidence so the same will not retun to you and it will be decided by the cout in which it is pending for trial.

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com ) 16 August 2014

You are a cronic accused in cheque bounce cases since you have posted large no of querries on this site for your problems.

However now it is GOD sent opportunity for you to use this citation.

First of all this JUDGMENT has declared at many places that only drawee bank place has jurisdiction so any trial without JURISDICTION is null and void.

Even SC can not change law and confer jurisdiction by transfer. This is the gray area in this judgment and you can fight on this point and may create your own citation to help man many others.

kaya (manager) 18 August 2014

Respected trilok sir, tku so much. I will go through as per your advice

498A-filed (Advisor) 31 August 2014

Read the judgement carefully. Once the evidence has begun after appearance of accused than the case will not get transferred and it will go on as if it was filed in the right jurisdiction and has been transferred at the current location. So no respite for you.

kaya (manager) 01 September 2014

Dear sir evidence not started only posting the date for evidence. Untill now only dt posting. What will the situation now

498A-filed (Advisor) 04 September 2014

Move your application in the correct format quoting the recent supreme court judgment requesting the court to return the complaint to the complainant to be filed in the correct jurisdiction. If the order is against you, move the high court of your state against the order.

Do it ASAP.