Jurisdiction of 138 ni act
Querist :
Anonymous
(Querist) 05 December 2011
This query is : Resolved
I AM ACCUSED IN 138 NI ACT.MY BANK IS IN DELHI AND MY REGISTERED OFFICE IS ALSO IN DELHI.COMPLAINANT BANK IS IN MATHURA AND OFFICE IS ALSO IN MATHURA.THE COMPLAINT IS FILE IN MATHURA COURT IN AUGUST'2005.I WANT TO FIGHT THIS CASE IN JURISDICTION GROUND.WHAT IS THE RULE OF JURISDICTION FOR FILING 138 NI ACT???.CAN THIS CASE BE SHIFTED TO DELHI MY MOVING APPROPRIATE APPLICATION BEFORE TRIAL COURT????THE CURRRENT STAGE OF THE CASE IS ON DEFENCE EVIDENCE.
Guest
(Expert) 05 December 2011
No way these things must have been taken at the notice and questioning stage itself. Moreover the complainant has selective option to invoke jurisdiction at their choice. you can file a transfer proceedings before supreme court of india. Result may not be fruitful.
Advocate Bhartesh goyal
(Expert) 05 December 2011
No,case can not be shifted to Delhi.Supreme Court has ruled that court has jurisdiction at any one of the five acts is done
{1}Drawing of the cheque
{2}Presentation of cheque to the bank
{3}Returning of the cheque unpaid by the drawee bank
{4}Giving notice in writing to the drawer of
cheque demanding payment of the cheque amount
{5}Failure of the drawer to make payment within 15 days of receipt of notice.
A.I.R 1999 S.C 3762 K.Bhaskaran vs Sankaran
In your case complainant has presented the cheque for realisation at Mathura also got returned the cheque unpaid from bank at Mathura,issed notice from Mathura so court at Mathura has jurisdiction to try the case.
prabhakar singh
(Expert) 05 December 2011
I agree with m/s S.GANESAN.LAWYER & Advocate Bhartesh goyal
Guest
(Expert) 05 December 2011
Naturally, you would have issued an account payee cheque. So, when you have issued a cheque to a drawer stationed at Mathura and intended to be credited in to his account that being maintained at the bank branch situated at Mathura, you should not have expected him to come to the place of your Reistered Office or HQ at Delhi to file a court case.
To be frank, merely on jurisdiction point, you are destined to lose. You can fight your case only on merits of the case based on valid ground for you, if any, in your defence.
Nadeem Qureshi
(Expert) 05 December 2011
I am agree with all the above opinion
Raj Kumar Makkad
(Expert) 05 December 2011
I also endorse the common views of all experts on this issue.
V R SHROFF
(Expert) 05 December 2011
jurisdiction AT DIFF 5 courts INCLUDE Mathura.
Choice of Complainant.
If you prove all transactions in Delhi & Compl wants to harass you, it can be shifted to DELHI, BUT IT IS TOO LATE.
Jurisdiction ground is not deciding factor.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 05 December 2011
Once process is issued rightly or wrongly you have to face trial but there are simple solutions for such problems for which you copy of complaint has to be looked into.
we are fighting a similar case in mumbai and you can come and watch what games defense can play.
Sailesh Kumar Shah
(Expert) 05 December 2011
Now, no further addition needed in detailed replies of Mr.Goyal particularly.
ajay sethi
(Expert) 05 December 2011
complainant ought to have filed complaint in delhi .
since the cheque was issued from account in new delhi , registered office of accused is in delhi then case ought to have been filed in delhi courts . the offence of dishonour of cheque was completed in delhi .
in arguments do raise the issue as to jurisdiction that courts in mathura have no jurisdiction in the present case . merely becuase complainant bank is in mathura will not give jurisdction for filing case in mathura . however if registered office of complainant is in mathura then you will lose battle on jurisdiction .
Shonee Kapoor
(Expert) 06 December 2011
I believe there has been an amendment recently, where the cheque was exchanged or where it is drawn only have the jurisdiction.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
PS: I would dig out and post, if found.
