Cheque case

Sunlawseeker (Querist) 02 January 2015 This query is : Resolved
Dear Advocates!

Transfer of a Sec.138 case from another state:

Is there any time limit to file case in the accused jurisdiction?

Thanking you

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Devajyoti Barman (Expert) 02 January 2015
There is no question of fresh filing. Trial simple gets started form the tranferee court after the record reaches the court.

Rajendra K Goyal (Expert) 03 January 2015
No need of filing fresh case.it would be continued by transferee court.

DEFENSE ADVOCATE.-firmaction@g (Expert) 03 January 2015
The case file will be returned to the complainant for filing in proper court within 30 days.

NO AUTOMATIC TRANSFER. THAT IS WHAT SC HAS SAID AS BELOW=

All other Complaints (obviously including
those where the accused/respondent has not been properly
served) shall be returned to the Complainant for filing in the
proper Court, in consonance with our exposition of the law.

If such Complaints are filed/refiled within thirty days of their return,they shall be deemed to have been filed within the time
prescribed by law, unless the initial or prior filing was itself
time barred.

Advocate Bhartesh goyal (Expert) 03 January 2015
Advocate defence is absolutely right,Iagree with him.You have to file the complaint in the court having jurisdiction within 30 days of its return.