Case U/s.138 of NI Act 1881.

Querist : Anonymous (Querist) 05 May 2010 This query is : Resolved
I have bank account with ICICI Mumbai which is a centralized account and bank permits me to do any bank transaction from anywhere in India.

Suppose I deposited instrument at Indore (MP) or at Culcutta & the same dishonored. While sending demand notice it is mentioned that the instrument were presented thru my banker ICICI - Mumbai.

1.Is the case maintainable?

2.The evidence i.e acknowledge paying slip shows acceptance at ICICI Indore branch.

3.Is it necessary to mention clearly where you are presenting instrument for encashment?

Please advise.

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Krishnamurthy Ramdas Iyer (Expert) 05 May 2010
Cause of action where arisen is important,that is where(place) the cheque is dishonoured is of prime importance for jurisdiction