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Discussion > Criminal Law > Cheques > Cheque bounce jurisdiction of court   Unanswered Threads Post New Topic

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There are 6 Replies to this message


Ravindra H Chaudhari


Student
[ Scorecard : 67]
Posted On 07 April 2012 at 13:30 Report Abuse

 

I have given my both the flats @ Aurangabad on Leave & License. I am presently living in Pune. I have deposited The cheques for rent @ Pune. The cheques have bounced due to stop payment & insufficient fund.I have filed both the suits u/s 138 of Negotiable instrument act @ Aurangabad.

Now, of late, I came to know that I could have also filed the case @ Pune. 

Can I now shift the case to Pune?

What will have to be done?



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arvind


advocate
[ Scorecard : 12658]
Posted On 07 April 2012 at 14:43 Report Abuse

You can withdraw complaint and may present in Pune.



KAPOOR DEEPAK


09873336276
[ Scorecard : 497]
Posted On 07 April 2012 at 23:14 Report Abuse

You may transfer the case by filling transfer application before high court

Both courts have jurisdiction to entertain the case, therefore, it is you to chose Aurangabad. Now if you want to transfer the same may apply before high court

 



Advocate Bhartesh goyal


advocate
[ Scorecard : 7501]
Posted On 10 April 2012 at 18:26 Report Abuse

Before withdraw the case, check the limitation to file the case in another court.



Kishtaiah


Advocate
[ Scorecard : 171]
Posted On 15 April 2012 at 12:10 Report Abuse

Dear Kapoor sir, The apex court made it clear that the jurisdiction of the Bank that returned the cheque prevails over the jurisdiction of the Bank that presented the cheque.  Since cheques are issued supposedly on Aurangabad Bank for payment which are presented by the complainant for realisation at Pune, the Aurangabad jurisdiction alone is right and not Pune.  The Pune court will return the complaint if filed.



KAPOOR DEEPAK


09873336276
[ Scorecard : 497]
Posted On 16 April 2012 at 22:56 Report Abuse

As far as in my knowledge, the apex court has cleared the jurisdiction on five points, if you have this authority may please be quote.

However, Delhi High court has made it clear in the recent authority but it does not mean that it prevail over the authority of Apex Court.

 

Rgds
 



ADVOCATE DEFENSE.


POWER OF DEFENSE IS IMMENSE - firmaction@gmail.com
[ Scorecard : 15896]
Posted On 17 April 2012 at 11:37 Report Abuse

Mr KISHTAIH is right.

Mr Deepak there is no contradiction in both citatiions please read the whole carefully.




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