138 of n.i.act
pushpakrishna
(Querist) 26 September 2014
This query is : Resolved
Dear experts,
on first august,2014 a judgement delivered by the Hon'ble Suprem Court by 3 Judges bench that Cheque bounce case has to file where the cheque has been bounced . accordingly the first class Magistrates are returning the cases which are filed already and at the summons stage for filing at the proper courts as per the Jurisdiction according to the recent judgement.It is learn t that 5 judge bench has given the verdict to the CONTRA for the above Judgement.is it true ? kindly advice about the same.i am also searching for the same but not appeared any where.Thanq.
Uday Kumar
(Expert) 26 September 2014
Hello,
So far no such judgment is available and since 1st August to till than 5judg bench has not even takenup any case of 138 NI Act
Please note recently also on 25/09/2014. Suprement Court 2 Judge Banch of J Thakur+ J Vikaramjit sen given a judgment on 138 NI act refering last 2B judgment of 1st August. So there is no such controry judgment available as of now and Judgment of 1/08/2014 is binding on all courts in India.
Regards
Uday Kumar
9810868162
Dr J C Vashista
(Expert) 27 September 2014
No such decision/judgment existed till date, to my knowledge.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 27 September 2014
Yes there was a Bombay HC citation on 25th Aug by single Judge.
Firstly it will be applicable in Maharashtra only.
There is news that it has also been stayed but exact details are awaited.
Rajendra K Goyal
(Expert) 27 September 2014
Please mention the title of suit if any on the matter sited by you.
V R SHROFF
(Expert) 27 September 2014
CERTAIN COURTS ALREADY STARTED TRANSFER OF CASES, TO LOCATIONS WHERE CHEQUE WAS RE-BOUNCED.[ sept 2014] [ based on Apex Court Judgement]
So Judgement is already implemented
Till then Dasrath Judgement prevail wef 1-8-2014
Anirudh
(Expert) 27 September 2014
Even the Maharashtra Decision dated 25.8.2014 will not be applicable in Maharashtra also as the said decision of the Maharashtra HC has been stayed by Supreme Court on 16.9.2014 in SLP (Crl.) No.7251/2014.
The stay was granted on with a direction to list the matter after 4 weeks.
I think Mr. Purhpakrishna is only trying to get the information for that he is misleading that there was a 5 judge decision. Mr. Pushpakrishna should not indulge in such cheap tricks. In fact if he had heard that there was a 5 judge bench, then he should ask the same person who gave him that information as to the details of the case etc.
Biswanath Roy
(Expert) 28 September 2014
Mere hearsay has no value in the eye of law.
pushpakrishna
(Querist) 30 September 2014
mr.Anirudh,
I am very sorry to inform you that, my clients have taken back as returned by the JFCM about 20 cases which i was filed on behalf of my clients for filing in the proper courts with in 30 days. Some of our advocates telling that the above and also i too seeing for that. hence i posed that doubt to the experts like you. i am not supposed to play any chief tricks.thank you.i feel i am always a student in law and like to learn so many things from the experts like you .
T. Kalaiselvan, Advocate
(Expert) 02 October 2014
This is a lesson for you to not to go behind rumors or hearsay especially being a lawyer or will have an adverse effect on your career.
