Jurisdiction for complaint u/s 138 of NI Act.

Battula Manikumari Apparao (Querist) 14 April 2011 This query is : Resolved
Respected All,

My company's registered office is at bombay but factory is at Tal: sanaswadi Dist:pune. my company supplied material from factory to one client at his warehouse at phursungi Dist:Pune, we are unaware about the office of the client he gave a cheque for payment of "X" area and closed the account. I sent a demand notice at warehouse by company name it was received now 15 days are over now i want to file a complain. i have a following queries:-
1)I sent a notice by company name is it valid?
2)Jurisdiction for filling complain?

Please suggest.

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Guest (Expert) 14 April 2011
KINDLY NOTE THAT SEC.138 OF N.I.ACT MATTERS ARE TO BE HANDLED CAREFULY.YOU MAY KINDLY REFER THE DOCUMENTS TO WHOM TEH GOODS WERE SUPPLIED AND IN WHICH NAME.AND THE PERSON GIVING AND SIGNING THE CHEQUE,AND CHEQUE FROM CO.ACCOUNT OR PERSONAL ACCOUNT.ALL THESE FACTS ARE TO BE MENTIONED IN THE NOTICE.YOU MAY MENTION ALL DETAILS AND ACCORDINGLY IT WILL DECIDE THE JURISDICTION OF THE COURT.YOU SHOULD REFER LATEST SC JUDGEMENTS REGARDING THE JURISDICTION ORELSE YOUR MATTER MAY GET ADVERSELY AFFECTED AT LATER STAGE.
KINDLY MENTION ALL DETAILS GOOD LUCK.

SAANJAAY GUPTAA (Expert) 15 April 2011
as you send the notice for the dishonoured of cheque and it was duly received by the same , now you can fle the case from the jurisdiction of your company address.

Arun Kumar Bhagat (Expert) 15 April 2011
Case has to be filed at the jurisdiction of drawer bank's address or at the address of warehouse.

prashant pundhir (Expert) 16 April 2011
1. if the cheque is issued to you by the company,then the notice is valid else not .
2.Judicial first class magistrate's court within whose jurisdiction cheque presented for encashment got jurisdiction to entertain complaint .

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