jurisdiction in 138 Negotiable Instrument Act

Querist : Anonymous (Querist) 08 October 2010 This query is : Resolved
I have one querry after going through "Harman Electronics Vs. National Panasonic", if court passes summoning order and at the trail stage it was proved that the court is not having jurisdiction, then in that case what would be the position?
whether complaint would be dismissed on this ground or it would be returned or court would not decide the issue of jursidiction at main arguments. Please give some case law in support

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pawan sharma (Expert) 08 October 2010
Q.whether complaint would be dismissed on this ground?
A. He can file recovery suit,if the period not excede 3 years.
Q.it would be returned ?
A. If returned by the court file in proper forum.
Q.if court would not decide the issue of jursidiction at main arguments?
A. It deen to have a jurisdiction on the complaint ut on the decision deliverd tb the you shall file the appeal.

DEFENSE ADVOCATE.-firmaction@g (Expert) 08 October 2010
File application in trial court and on rejection go for revision.

bhupender sharma (Expert) 08 October 2010
In Adalat Prasad Roop lal V/s.Jindal And Ors. 2004(7)SCC 338.held that after taking cognizance under the N.I Act it noot open to them to suo moto throw out the criminal complaints abruptly by declareing that they do not have territorial jurisdiction to deal with the matter,Adoptiton of such a course is strictly prohibited by the Apex Court in the said case.
more so I am not in ageerement of the veiw expressed by Ld. Experts.

Ajay Bansal (Expert) 08 October 2010
SEE A.I.R. MANUAL.

Devajyoti Barman (Expert) 08 October 2010
The court at the time of dismissing the case can grant leave to file in the court of proper jurisdiction.

adv. rajeev ( rajoo ) (Expert) 08 October 2010
I agree with Barman

s.subramanian (Expert) 09 October 2010
The court which is hearing the matter finally,if it is found not to have jurisdiction,has to stop the proceedings and direct a return of the case bundle to the party for presenting the same before the competent court having jurisdiction. The court cannot proceed to deliver judgment in the matter on merits. it would be improper and illegal to do so. This is the procedure prescribed in law. The court which lacks jurisdiction cannot dismiss the complaint also.

DEFENSE ADVOCATE.-firmaction@g (Expert) 09 October 2010
Adalat prasad case is for recall of process not for other defects.

And in view of section 462of CR PC , it will not be in the power of the trial court, so you have to go in revision only.

Pl the original questioner post the Heramn case for ref of all others.

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