jurisdiction for 138 NI Act
vinod bansal
(Querist) 27 October 2010
This query is : Resolved
R/Experts
My client is resident of Rohtak,he received a cheque at Banglore as sale consideration of a vehicle,deal was also done at banglore,lateron cheque was presented for encashment at Rohtak which was bounced,Rohtak court have jurisdiction or not in given circumstances,how i can file complaint at Rohtak,further problem is this accused is a lady so i cannot take a plea that accused lady came here at Rohtak for deal and cheque was given by her at Rohtak.Kindly advice with latest citation of supreme court regarding 138 NI Act if possible so please oblige.Regards
SAANJAAY GUPTAA
(Expert) 27 October 2010
Mr. Vinod thare is nothing to do whether accused is male or female or company or firm, basic thing is that whether the offence is committed or not. You can file the case at Rohtak as you reside there and your bank is also at Rohtak so these two places within the jurisdiction of the court at Rohtak. No need for judgement, this is the law.
R.R. KRISHNAA
(Expert) 27 October 2010
Dear Vinod
Since all the transactions took place in bangalore I think it should be filed in bangalore only. Merely because the cheque got dishonoured in Rohtak would not give jurisdiction to Courts at Rohtak.
Refer: Harman electronics Vs National Panasonic Limited (2009) 1 SCC 720
Best regards.,
Raj Kumar Makkad
(Expert) 27 October 2010
Offence was committed at Banglore wherein no provision for the clearance of the cheque money was made by accused though its intimation to the complainant was received at Rohtak through its bank so proper jurisdiction to try the accused is only Banglore and the refereed citation also confirms this procedure though practically people become ignorant about these technicalities and file cases at the place where the complainant is residing and accused also being a criminal case try either to compromise or to face its trial with a hope to make compromise at some later stage.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 28 October 2010
Sanjay Gupta is right , you can file complaint at rohtak your place.
It will be for the accused to take objection for jurisdiction after issue of process.
ashish lal
(Expert) 28 October 2010
Mr. Rakesh Kumar Singh, Metropolitan Magistrate has done an indepth analysis on this issue in one of his case which i am sending as attachment. Its one of the best judgement I have came across on this topic
s.subramanian
(Expert) 29 October 2010
Nice Judgment Thank you Mr.Ashish.
bhupender sharma
(Expert) 29 October 2010
I agree with the opinion by Mr. Krishna well advised mere a particular line of the judgement may not be inerpreted rather the judgement is to be read in consonance of the facts on which the judgement is delivered.
vinod bansal
(Querist) 29 October 2010
Nice Judgment Thank you Mr.Ashish.
