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Raj Mehta   06 October 2015

Filing complaint under section 138,ni act lapse of ordinance

Hello Everyone,

My client wants me to file a case under Section 138 of NI ACT for check bounce. I have recently come across that the ordinance, 2015 has lapsed. So considering this, now as far as the question of jurisdiction is concerned, should the jurisidiction be determined in accordance with the Honorable Apex Court's judgment in Dashrath? In other words, should I file the case in the court where the drawee bank is situated? 

Thank you.



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 3 Replies

Adv. Sagar R. Jadhav (Proprietor)     06 October 2015

You must file case where the drawee bank is locate as mentioned in Dashrath judgement and also due to lapsed said ordinance.

SAINATH DEVALLA (LEGAL CONSULTANT)     07 October 2015

Rightly adviced by Adv Jadhav.

Madhu Mittal (Director)     08 October 2015

Respected Sir,

new IInd  ordinance has come effect in September, so do as per this ordinance.


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