G PRAKASH (CONSULTANT) 26 August 2014
Dear All,
I'm in Chennai, doing business. One of my client who belongs to Thiruvannamalai (other part of Tamil Nadu).
He had given a non CTS cheque (AT PAR) for a payment & bounced & he is not ready to pay the amount. Could i put case against him in Chennai or should i put case at Thiruvannamalai. Kindly advise me.
Ashok, Advocate (Lawyer at Delhi) 26 August 2014
As per the latest decision of the Supreme Court delivered on 1st August 2014, the cheque bouncing case can be filed by you ONLY at the place where your client had the bank account from which the cheque was issued (i.e., on which bank/branch, the cheque was drawn). If the client had issued the cheque from his bank account in Thiruvannamalai, then the offence of cheque bouncing shall be considered to have been committed at that place and accordingly, you can now file the case at that place only.
It is pertinent to mention that the in the aforesaid recent case of the Supreme Court, the issue of multi-city cheque (AT PAR) has not been discussed. But, as of today, till that SC decision is not overruled or distinguished in some future cases by another competent Bench of the Supreme Court, the aforesaid ruling will be binding on all courts and all authorities. So, you don’t have any other option as of today.
A.VIVEK ADVOCATE (ADVOCATE) 27 August 2014
YOU HAVE TO FILE CRIMINAL CASE ONLY AT THIRUVANAMMALAI
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