Sec 138 jurisdiction judgement
darshan
(Querist) 17 August 2014
This query is : Resolved
dear sir,i am from pune.i had came to buissness with multinational company from delhi.given blank cheque to agrrement.bounced in delhi ...summons of court not yet served ,,
effects of following in my case
,as latest supreme court judgement on jurisdiction in dashrath rathod vs maharashtra ,what wil the future of cases not served properly to accused?is it effect on current on going matters?is cases trasreded to acused bank places?
Uday Kumar
(Expert) 17 August 2014
Hello Sir,
Now Onward all complaint case U/S 138 NI Act till the Evidence stage/Evidence is yet to be done, will be transferred to the place where Accused's Bank is situated accordingly case is being transferred
Hope to have clarified
With Regard
Uday Kumar
advudaykumar@gmail.com
ajay sethi
(Expert) 17 August 2014
it would be transferred to Pune as cheque has been issued from bank in Pune
R.K Nanda
(Expert) 18 August 2014
agree with experts.
V R SHROFF
(Expert) 18 August 2014
It is a very good judgement; as all financial institutions were harassing DEBTOR accused, filing court complaint at remote distant courts far away from accused residence. A already broken accused was further beaten up / no surety in remote place/ was resulting into taking advantage of their own wrong..
darshan
(Querist) 01 September 2014
Ramanbahivpatel vs state of Maharashtra decided on 25.8.2014 can effet my case.. Shall not be transfers to pune cos of this ..pls revert experts
DEFENSE ADVOCATE.-firmaction@g
(Expert) 01 September 2014
Yes as happens with many citations now this BOMBAY HC judgement in Ramanbahivpatel vs state of Maharashtra of 25th Aug has came which has practically nullified the SC JUDGMENT by holding that at par cheques will have jurisdiction at the place of deposit of cheque.
Still it is as of now will be applicable in Maharashtra only within the jurisdiction of Bombay High court and hence not in your case.
Even otherwise there are existing remedies even before 1st Aug 14 SC judgment to oppose out of jurisdiction criminal cases.
Take help of expert criminal advocate if latest BOMBAY HC citation is used against you and similar other cases.
V R SHROFF
(Expert) 01 September 2014
yes,
Now with BOMBAY HIGH COURT JUDGEMENT, IN AUG 2014, id payable AT PAR , at all branches of the bank will have juri, as clarified by Shri ADVOCATE DEFENSE..
darshan
(Querist) 11 September 2014
today my case from delhi transfered to pune on the jurisdiction matter.court ordered them to file in proper court.. ..
i want to know what will be next process is case statr from begning stage or my cuuerently warrant issued on me .it is valid or summons will issued from statring?
pls revert
darshan
(Querist) 22 January 2015
dear sir ,
in my matter court had given foolwing descision regarding my matter
15.09.2014
Present: Ld. Counsel for the complainant
Accused absent
In the present case, notice has not been framed till
date. Therefore, in view of the directions of Hon'ble Supreme
Court of India in the case titled as “Dashrath Rupsingh Rathod
Vs. State of Maharashtra & Anr.” in Crl. Appeal No. 2287/09
decided on 01.08.14, this court has no territorial jurisdiction
to try this case. Therefore, the complaint is returned to the
complainant to file the same in the court having territorial
jurisdiction to try the same within 30 days from today only.
Ahlmad is directed to return the complaint and
original documents to the complainant/AR of the complainant or
counsel after obtaining the certified copies of the same on
record.
Copy of the order be given Dasti to the complainant.
File be consigned to Record Room.
(Gagandeep Jindal)
MM(N.I.ACT)/South-East
New Delhi/15.09.2014
now scene is that
court order date is 15.09.2014on that date clear order .. submit the matter in related court within 30 days only.
but here complainant collected documents on 7-11.2014 and submitted in my area court 7-12.2014
is this valid or comes under limitation .
note ...condonation of dalay letter not attached
pls guide
darshan
(Querist) 22 January 2015
Pls experts ..guide me what to do
T. Kalaiselvan, Advocate
(Expert) 23 August 2014
