138 ni act
K G Srinivasan
(Querist) 27 January 2012
This query is : Resolved
The complainant in the complaint filed in the court had not mention the cause of action and also had filed with the different Magistrate in the court which has no jurisdiction of the police station where the cause of action had taken place either of notice issued or accused address or complaint address or the banks. Is there any judgement to state that the complaint is infarious and to be dismissed? Can you please help?
ajay sethi
(Expert) 27 January 2012
agree with jsdn wont be dismissed but transferred to court having jurisdcition
K G Srinivasan
(Querist) 27 January 2012
Sir, it is in the final stage, at the stage of argument
Naresh Kudal
(Expert) 27 January 2012
Case can be transferred at any stage.
Advocate. Arunagiri
(Expert) 27 January 2012
Just because lack of jurisdiction your case can not be dismissed.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 27 January 2012
Even at this late stage you can contest on technicals, jurisdiction is very minor issue.
Complainant as a rule make mistakes and mistakes. Just go through the total cross scene I have given many times.
Even on intelligent cross of bank and bank slips you can clean bold the case.
Shonee Kapoor
(Expert) 28 January 2012
Agreed with expert opinion.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 28 January 2012
The complainant in the complaint filed in the court had not mention the cause of action and also had filed with the different Magistrate in the court which has no jurisdiction of the police station where the cause of action had taken place either of notice issued or accused address or complaint address or the banks. Is there any judgement to state that the complaint is infarious and to be dismissed? Can you please help?
If you ask Query under N I ACT,
it has 5 different Jurisdictions.
omplainant can choose any one of his choice.
In fact, he can create 1000 diff Jurisdiction , if he so desire and plan before depositing the cheque.So that u get harassed and pay his money.
Only if within 90 days of issue of Process, i.e. receiving the summon by you, you can file Revision to challenge Jurisdiction, or even challenge issue of process. At this Final stage, this objections shall be overruled.
Is this connected with your bank Loan problem & probably u issued cheques to bank for your EMI??
"I had purchased a house at Mel Ayyanambakkam in the year 2009 with the builders influence the builder had arranged a housing loan through a nationalized bank by exaggerating the value and the painful side is the builder along with the manager had gulped the overcharged value of the property. I came to know the correct value only when I occupied the property in 2010. I was paying my emi for nearly a year and due to the stagnation of my business I was not regular for nearly 9 months and meanwhile there was a change of guard in the bank and the new manager visited my house and he cautioned me to close the account as the value of the property is far less than the laon amount.""
Most probably, it is correct jurisdiction, and correct cause of action, because, JMFC do check and take care before issue of process, otherwise they get fired by DJ.
Adv Shroff
28-01-2012
