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tarunexports (CEO)     08 October 2014

Jurisdiction issue in the light of recent apex court judgmen

Learned Experts,

We had filed a case under Section 138 of N I Act before MM of Tis Hazari Courts, New Delhi against a party of Delhi whose cheque of Rs 20 lacs got bounced in 2010. The accused party never ever attended the court. The accused party managed to show that he has shifted to Holland.The Hon'ble Court issued Summons/Bailable Warrants and then Non Bailable Warrants and finally the party was declared P O in 2013 (After completing 82/83 proceedings).

The Party Cheque got bounced in Gurgaon (Haryana) and now the Court when approached to issue directions to Police to find the absconder, the Hon'ble Court is asking us to take the papers of the case to Gurgaon Courts in the light of Hon'ble Apex Courts judgment.

Kindly enlighten whether the Court is right in asking us to take the case to Gurgaon Courts.



Learning

 1 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     09 October 2014

yes, court is bound with the SC judgement.

court rightly says, file the complaint against him before Gurgaon court with the certified copies of the case.


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