BOUNCING OF CHEQUE
Querist :
Anonymous
(Querist) 18 October 2010
This query is : Resolved
Dear Friends
Our firm is based in Agra, we had a business dealing with a firm based in Delhi. All the transactions were done in Agra i.e. supply of goods, receipt of payment by cheque. But, as our Bank is CBS, the cheque was deposited in party’s bank in New Delhi. The cheque was dishonoured and we filed a suite under section 138 & 420. In the last hearing at the time of arguments, the judge told us that the suite falls under Delhi’s jurisdiction, as the offence was committed in Delhi and he mentioned about a ruling of Supreme Court.
Will appreciate, if some learned friend guides me, whether the suite is maintainable at Agra or not. Secondly, suppose it gets rejected at Agra, are we eligible to file a fresh suit in Delhi, as the suite is 4 years old, will we get the benefit of limitation or not,.( We mean that will the period of litigation in Agra court will be counted or not.
Will be grateful, if some noble soul provides us any ruling of any High Court or Supreme Court,in this regard.
Thanking you & with Best Regards .
SUKRIT
Devajyoti Barman
(Expert) 18 October 2010
The case is very much maintainable in Agra. The Magistrate should understand that the part of cause of action arose in Agra and hence the complainant rightly filed the case in Agra. There is no necessity to withdraw and file afresh as limitation will come into play. Even if the lower court decides contrary , you should get justice in the higher court.
Querist :
Anonymous
(Querist) 18 October 2010
Thank you very much Mr. Barman for your prompt advice. But the Judicial Magistrate had given a reference of a 2009 Supreme Court judgement that the place where crime is committed, the jurisdiction will be considered of that very place.
adv. rajeev ( rajoo )
(Expert) 18 October 2010
It is CBS cheque it can be presented for the payment anywhere. i think magistrate is unaware of the CBS cheque.
Inspite of your argument magistrate dimsmiss the case so it is better to file memo reserving your right to file a fresh case at Delhi. Try to get this order.
If he dismisses the case on the ground of jurisdiction you cannot file another case because it is already timebarred.
SANJAY GUPTA
(Expert) 19 October 2010
You need not to go anywhere, just wait for the judgement and if it is against you go to the Higher Court you will definatly get justice as you filed the case within jurisdiction.
