Madhu Mittal (Director) 29 October 2014

One case previously u/s 138, now two different jurisdiction

A case u/s 138 N I act comprising of three cheques i.e. two cheques from one drawee bank and one cheque from another drawee bank was filed taking the jurisdiction of payee’s bank. Now due to decision of Supreme Court in Dashrath Rupsingh Rathod, the file was returned to us. Now file returned is one comprising all documents i.e. unserved registred notice etc, and now cheques have two different jurisdiction. Please let me know how to file.

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4 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 29 October 2014

get the certified copies of the file and filed before the concerned court with your plea that this is the situation and due to this situation the original documents can not be produced before this court.

Ramesh Chander (Advocate) 30 October 2014

OBTAIN CERTIFIED COPIES OF ALL DOCUMENTS WHICH YOU HAD FILED BEFORE EARLIER COURT AND AN ORDER FROM THAT COURT CONTAINING THE FACT OF RETURN OF CASE FILE WITH LIBERTY TO FILE THE SAME BEFORE NEW COURT OF COMPETENT JURISDICTION. PLACE ALL THESE PAPERS BEFORE NEW COMPETENT COURT. COMPLAINT WILL BE ACCEPTED WITHOUT QUESTION ON LIMITATION.

Sudhir Kumar, Advocate (Advocate) 01 November 2014

repeated

https://www.lawyersclubindia.com/experts/one-case-previously-u-s-138-now-two-different-jurisdiction-504456.asp

Madhu Mittal (Director) 01 November 2014

Respected Sir,

Yes, agreed, it is repeated at https://www.lawyersclubindia.com/experts/one-case-previously-u-s-138-now-two-different-jurisdiction-504456.asp, because on experts column only expert can reply, and in the forum, other than experts like me also can reply if there is any solution to anyone not designated as expert.