How to reply notice U/s.138 of negotiable instrument act
ashwin shah
(Querist) 01 February 2009
This query is : Resolved
Few month back I have taken personal loan from City BAnk, emi were regularly paid. Due to sudden collapse of market my earnings were drastically reduced and I could not make payment of emis as agreed. I have contacted to bank and letter was given not deposit postdated blank security cheques given at the time of siginng agreement. Now that bank had deposited the said sequrity cheque andintiated legal proceedings that too out of jurisdiction area where transaction were never happend. Please guid me about the way and manner of giving rely. Is there any case law for determingin jurisdiction for filing case U/s.138 from Mumabi HC or Supreme court.
please do guide and oblige.
ARVIND JAIN
(Expert) 02 February 2009
ACCORDING TO S.C COMPLAINT CAN BE FILED EVEN AT A PLACE FROM WHERE NOCICE WAS GIVEN.
Sushil Kumar Bhatia
(Expert) 02 February 2009
The jurisdiction defect in NI Act as the cause of action arised when the cheque dishonoured by payer's bank and for the jurisdiction purpose the cause of action arised where the cheque has been deposited suppose a dealing between parties taken place in delhi and cheques were given at the spot and for harrassment purpose the cheque was deposited in Mumbai Bank by payee then jurisdiction vested to Mumbai court. As the cheque is payable anywhere in India
arunprakaash.m.
(Expert) 03 February 2009
a bank cannot harass you by the defence of jurisdiction. refer latest case law on this point delivered by supreme court.
