lot of confussion regarding jurisdiction area for filing a cheque bouncing case

ashish agarwal (Querist) 22 February 2011 This query is : Resolved
My company have a head office in Lucknow and branch office in Mathura...client based in mathura issued work orders in my company's name addressing our head office lucknow and branch office mathura along with the post dated cheques. Cheques were presented in our bank situated at lucknow Now all the cheques are bounced and we have sent a legal notice to the client through our lucknow based advocate. infact the 15 days time for the payment is over and i have to file a case.
Gentlemen, Please tell me where should i file the case under n.i act of 138? obviously coz i live in lucknow so it wud be easy for me to fight the case in lucknow. Plz if possible answer my query with references to apex court's decision in this issue.
thanking you
ashish agarwal (businessman, lucknow)

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DEFENSE ADVOCATE.-firmaction@g (Expert) 22 February 2011
You can file case but defense will have opportunity to prick holes in your story.

indrajit mukhopadhyay (Expert) 23 February 2011
you can file this case in lucknow.

Kirti Kar Tripathi (Expert) 23 February 2011
yes, you can file the case in Lucknow.

Advocate Bhartesh goyal (Expert) 23 February 2011
Yes comlaint can be filed at Lucknow.

Advocate. Arunagiri (Expert) 23 February 2011
As the bank in which you have deposited the cheque for collection is in Lucknow, the jurisdiction is very much in Lucknow. No need for confusion.

N.K.Assumi (Expert) 23 February 2011
Agreed with the Learned members. No need for confusion as the law on this score is very clear from the provisions of CrPc Section 177 to 179.

DEFENSE ADVOCATE.-firmaction@g (Expert) 23 February 2011
When business is done at Mathura no jurisdiction at Lucknow.You may have HO any where.

s.subramanian (Expert) 23 February 2011
The cause of action to prosecute has arisen only at Mathura due to non compliance of the demand in your statutory notice u/s 138(b) of NI Act. You have klodge the complaint only at Mathura.

Arun Kumar Bhagat (Expert) 25 February 2011
Case can be instituted only at the city where the drawer banks branch is situated as per Apex court's Judgement of Harman Electronics.

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