Cheque bounce case

sujeet verma (Querist) 05 April 2012 This query is : Resolved
HELLO SIR I HAVE DEPOSITED A CHEQUE IN MUMBAI
AND IT IS BOUNCED NOW I WANT TO FILE A CASE AGANIST HIM BUT I M CONFUSED WHER TO FILE THE CASE BECAUSE CHEQUE ISSUED FROM AGRA UTTAR PRADESH AND I M LIVING IN MUMBAI SO I DEPOSITED IN NOW I AM CONFUSED WHER TO FILE THE CASE PLEASE HELP ME IN THIS CASE

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ajay sethi (Expert) 05 April 2012
how much is the amount / issue legal notice within 30 days of receipt of intimation of dishonour . contact a local lawyer

Nadeem Qureshi (Expert) 05 April 2012
Dear Sujeet
you can file a criminal complaint in mumbai, first of all send a legal notice if he/she is not ready to pay the cheque amount within notice period, you can file a criminal complaint u/s 138 N I Act.
feel free to call

SAINATH DEVALLA (Expert) 06 April 2012
Dear Sujeet,

Immediately issue a legal notice.And after that within 45 days file the case in Mumbai.When you are in Mumbai,why do you think of Agra,where the accused lives.Do you have the complete address of that person?What is the amount involved?Contact LCI once the notice is ack.of the notice.

Deepak Nair (Expert) 06 April 2012
Legal notice needs to be issued within 30 days from the date of dishonour of cheque. Ask him to give the money within 15 days of receipt of notice. If he fails, you have to file a complaint within 30 days counting from the expiry of said 15 days.

You can file a case in Mumbai as you are residing in Mumbai.

V R SHROFF (Expert) 06 April 2012
Issue notice from Mumbai, and Later, file NI 138 Complaint in Mumbai. Juris where chq you deposited.

DEFENSE ADVOCATE.-firmaction@g (Expert) 06 April 2012
Dear sir not now and here the skills of defense comes in operation.

This is criminal offense and jurisdiction will be where the offense is committed that is where the cheque is bounced and not where the cheque is presented.

HERMANN CASE IS LATEST AUTHORITY IN THE MATTER, PL FIND IMPORTANT VIEW OF THE SUPREME COURT IN THIS MATTER QUOTED IN RECENT MUMBAI HC CITATION.

paragraph 26 in Herman Electronics (Supra), it
appears that the learned counsel for the complainant had contended that
the principle that debtor may seek the creditor should be applied in
such cases.

However, that argument was rejected by the Supreme Court
by following observations in paragraph 27.

“27. We regret that such a principle cannot be
applied in a criminal case. Jurisdiction of the
Court to try a criminal case is governed by the
provisions of the Criminal Procedure Code and
not on common law principle.”