SHISHIR MEHTA 10 September 2015
Dear Respected Lawyers,
I want urgently some case laws and citations that cover jurisdiction point in case of 138/420 , as the cheque was stop payment and dishonoured at other place and case hearing is taking place since last more than 10 years at other place where the Petioner company head office but all transaction take place at their branch city where the cheque was stopped.Please guide us with some citations as the argument date before charge is only tommarow.
Rakesh V. Khandelwal (Lawyer) 11 September 2015
As far as section 420 of IPC is concerned, complaint can be filed at the place where cheating was done or where consequences of said act ensued. If all transactions are done at the place of branch office, complaint is maintainable at place of branch office if complaint is regarding 420 r/w 138.see Dashrath Rupsing Rathod case of SC minutely.
Rakesh V. Khandelwal (Lawyer) 11 September 2015
Its the choice of the complainant. You cannot do much. If 420 is dropped then u have scope to seek transfer in view of Dashrath rupsing rathod case as amendment bill to NI act is not passed.
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