Jurisdiction to file complaint by company u/s 138 nia 1881
VINOD RAWAT
(Querist) 09 March 2013
This query is : Resolved
WHERE IS COMPLAINT U/S 138 FILED BY
COMPANY IS MAINTAINABLE I.E ITS HEAD-
OFFICE,CORPORATE/BRANCH/REGIONAL OFFICES
OR REGISTERED OFFICE WHEN THE ACCUSED
OFFICES IS ALSO SITUATED AT THE
CORPORATE/BRANCH/REGIONAL OFFICES OF THE
COMPANY.
CAN COMPLAINT BE FILED AND JURISDICTION
BE CREATED TO FILE COMPLAINT BY COMPANY
AT ITS REGISTERED OFFICE ONLY ON THE
BASIS OF PURCHASE ORDERS GIVEN BY THE
ACCUSED AT REGISTERED OFFICE BY EMAIL
AND JURISDICTION BE CREATED TO FILE
COMPALINT BY PASSING RESOLUTION AND
GIVING AUTHORITY TO COMPANY REPRESETATIVE
TO FILE COMPALINT AT ITS REGISTERED
OFFICE AND REPRESENT THE COMPANY IN THE
COMPLAINT.
Nadeem Qureshi
(Expert) 10 March 2013
Dear Vinod Rawat
The court have Jurisdiction, where the cause of action arise, specially when the cheque has been bounced.
Devajyoti Barman
(Expert) 10 March 2013
yes and cause of action arises where the dealings were made or where the cheque was deposited in the bank of the creditor.
V R SHROFF
(Expert) 10 March 2013
There are more than Two Jurisdictions for 138 Complaint.
In case you file Complaint at far away plce from residence of accused with intent to harass him, it is not allowed.
Preferred Juri is [1]where cause of action aroused,[2] Where the chq was bounced [bank]
[3]Where accused have business or residing
[4]From where Legal Notice was issued.
[5]Where Regd Office of Company situated
DEFENSE ADVOCATE.-firmaction@g
(Expert) 10 March 2013
There are various SUPREME COURT citations starting from BHASKARAN case and further enlargement of its scope in recent HERMANN case and there after no of SC and HC decisons.
So where ever you file the case against the accused under NI 138 the defense has no of opportunities to assail it on technicalities.
Since it is always simple sure and easy to win any cheque bounce case for simple reason among others that complainant make many many many and many mistakes in over confidence.
R.K Nanda
(Expert) 10 March 2013
agree with experts.
ajay sethi
(Expert) 10 March 2013
company can file complaint where its regsitered office is istuated . advisable to file complaint wherein cause of action arose . since the accused is alos residing where company regd office is situated and cheque must have been issued from bank situated in said locality file complaint within juirsdiction of said court
VINOD RAWAT
(Querist) 10 March 2013
CHEQUE WAS ISSUED ON BANK SITUATED AT
DELHI WHERE ACCUSED IS DOING BUSINESS
WITH THE COMAPNY AND COMAPANY IS ALSO
HAVING ITS OFFICE AT DELHI BUT THE WORK
OFFICE OF THE COMPANY IS SITUATED AT
HARYANA WHERE THE CHEQUE WAS
PRESENTED FOR PAYMENT AND WAS DISHONOURED,
CAN COMPLAINT BE FILED AT
REGISTERED OFFICE OF THE COMPANY WHICH IS
AT CHANDIGARH BY SENDING LEGAL
NOTICE FROM CHANDIGARH.
