Jurisdiction of 138 of ni act case
sree 9491505984
(Querist) 16 September 2013
This query is : Resolved
Hi Experts,
We have given a cheque to mr 'X' as security of certain payment and in a written letter clearly mentioned that payment will be made only through RTGS. Later it got bounced. He made a complaint on us u/s 138 of NI Act and IPC 420 in some other state where he resides. My questions are: 1. Can he file case u/s 138 of NI Act at a place where ever he needs? 2. If such case is pending can he again file 420 of IPC at the same place of NI Act case going on? Please respond?
V R SHROFF
(Expert) 16 September 2013
Yes, he can file 138 NI where the cheque bounce.
Apex court do not confer jurisdictional to that court, provided you object jurisdiction at the very first instance, and do not accept juri of that court.
Yes. cheque re bounce also attract IPC 420, over and above NI 138
Rajendra K Goyal
(Expert) 16 September 2013
He can file both cheque bounce case u/s 138 NI Act and 420 IPC cases.
Raj Kumar Makkad
(Expert) 17 September 2013
You have not mentioned at what place the alleged transaction had taken place and at what place, he alleged cheque was handed over to the complainant without which you cannot be given exact advice.
Nadeem Qureshi
(Expert) 17 September 2013
Dear Querist
read SC judgment on Nishant aggarwal, this case is related to jurisdiction of Filing complaint u/s 138 of NI Act. held on 01.07. 2013,
Section 420 of IPC can not maintainable after filing 138 of NI Act related to same cheque.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 September 2013
Jurisdiction is very complex question and every new judgment of higher court adds new dimension to it.
Basic law is BHASKARAN, it has been given new direction in HERMAN case and latest is NISHNANT agrawal case of SC.
STILL YOU CAN CERTAINLY RAISE ISSUE OF JURISDICTION but it will depend upon the RIVAL pleadings.
For IPC 420 specific case has to be made out other wise mere cheque bounce is not sufficient.
ajay sethi
(Expert) 17 September 2013
agree with experts .
sree 9491505984
(Querist) 17 September 2013
Thanks alot to all Ho'ble experts...
As Mr Nadeem told Is there any such judgement that if 138 of NI is going on, again 420 Of IPC is not maintainable which is related to same cheque. Please help
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 September 2013
On the contrary there is 2012 SC JUDGMENT THAT IPC 420 IS APPLICABLE.
BUT SPECIFIC Case has to be made out
Nishant agrawal case deals with only jurisdiction in particular case., that is case can be filed from the place where cheque is deposited if it is regular residence of complainant.
Advocate Bhartesh goyal
(Expert) 17 September 2013
