Filing of case under negotiable instrument act 138

Vinay Poddar (Querist) 16 June 2017 This query is : Resolved
We have corporate office in Mumbai hence open bank account with Mumbai address for our Chennai branch. Now we have deposited one cheque in Chennai bank and that is dishonored due to fund insufficient, we wanted to file case in Chennai but Chennai advocate insisting to file in Mumbai because bank have Mumbai address but we have deposited the cheque in Chennai, pls suggest what to do thanks

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Advocate Bhartesh goyal (Expert) 16 June 2017
Advice of your counsel is very right.jurisdiction to file complaint in cheque bouncing cases lies where the drawee's bank situates.your bank situates at Mumbai so complaint can be filed at Mumbai only.Reserve bank Of India has provided a facility to general public to deposit cheque/amount or withdraw from any branch of any city It hardly matters that you have deposit the cheque at chennai .

Dr J C Vashista (Expert) 17 June 2017
I agree with expert advise of Mr. Bhartesh Goyal, complaint is maintainable in the station where you have presented the cheque for realization and to be credited in your account, it has now been made clear after amendment act (2016) in Negotiable Instruments Act, 1881.