NEGOCIABLE INSTRUMENT ACT U/S 138

Querist : Anonymous (Querist) 25 February 2010 This query is : Resolved

dear sir

i was issue cheque to the party (company) . party cheated me . than i given stop payment instruction to the bank cheque was deposited in ahmedabad and also return to ahmedabad branch

and i have been all dealing with ahmedabad branch

but they issue notice me from mumbai and file complaint in mumbai court for harassment

my question is ?

where is proper jurisdiction?
also send me supremecourt judgement to transfer case
pls

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Raj Kumar Makkad (Expert) 25 February 2010
It is not the desire of the accused to transfer the case rather it is the complainant who has to decide the jurisdiction of the complaint by getting it deposited with its banker. The cheque was got deposited in Mumbai and intimation to him was also received at Mumbai so there is a jurisdiction with that court.

Querist : Anonymous (Querist) 25 February 2010
They did deposite cheque in ahmedabad and they got return memo from ahmedabad branch.so how they can complain in mumbai court.so my question is where is proper jurisdiction.

Sukhija (Expert) 26 February 2010
Ahmedabad will have jurisdiction. U contest the case in mumbai thru ur lawyer n get discharge from sessions court on jurisdiction point.

Parveen Kr. Aggarwal (Expert) 26 February 2010
Complaint at Mumbai cannot be filed. Kindly go through the Judgment of the Apex Court in case 'Harman Electronics Private Limited and Anr vs National Panasonic India Private Limited' reported in (2009) 1 SCC 720.

Adinath@Avinash Patil (Expert) 26 February 2010
MUMBAI COURT HAVE NO JURISDICTION PLEASE REFER RECENT CASE LAW OF S.C. IN HERMAN ELECTRONICS.

Shivasurya (Expert) 26 February 2010
Mr. Praveen and Mr. Adinath are right. refer the case cited by them

O. Mahalakshmi (Expert) 26 February 2010
Mumbai Court has no jurisdiction. Only Ahmedabad court has jurisdiction.

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