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 .
Khaleel Ahmed
(Expert) 18 October 2010
The same case may be transfered to Delhi by Agra Court.
