NI ACT Sec 138 cause of action

Ashutosh Choubey (Querist) 18 April 2009 This query is : Resolved

Dear All
Cheque deposited in SBI Patna branch under core banking for credit to the account of the company with SBI Ranchi branch. Cheque payment stopped by drawer. Cheque along with return memo returned by SBI Patna branch by registered post at the Head Office of the company situated at Ranchi.The cheque was given by the party for the services provided by the company through its office situated at Patna.

Now I seek your advice whether we shold file case under section 138 NI Act either at Patna court or at Ranchi court. Where the cause of action arisen.

Please reply with citations if any.

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adv. rajeev ( rajoo ) (Expert) 18 April 2009
Complainant can be filed where the account holder has got his account. If the cheque is issued in favour of the co., but it is presented for collection at Patna, it is better to file the complaint at Patna

navendu kumar (Expert) 18 April 2009
Case can be filed at any of the place (patna or ranchi). you can see the recent judgment over the jurisdiction. Citation is 2008 (16)SCALE317.

MANISH (Expert) 20 April 2009
I agree with the view of Mr. navendu kumar.
Apart from this, the case u/s 138 NI Act could be filed even at the place from where the notice to the accused was issued.

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