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NI Act

(Querist) 08 December 2015 This query is : Resolved 
I used to purchase goods from a branch office having its registered office at another town for last 6 years.A security cheque with supporting letter was issued at the commencement of business.Payment was being made in cash.From last 2-3 transactions payment made by cheque.There are some pending claims which were not settled by the party.I dishonoured the last cheque and asked for settlement.But he didn't do so and filled the security cheque with amount 3 times more of value of cheque dishonoured and presented to the bank in branh situated in my city.Cheque dishonoured and a legal notice issued from where his branch office situated and case was filed from city of registered office for his convenience.Is there any graoud to defend it.Can it be defend on territorial jurisdiction.
Anoop Kumar (Querist) 08 December 2015
In this case case cheque was presented iat branch situated in my city.where this case will transfer..?
Kappil Cchandna (Expert) 08 December 2015
Sir,

To be filed where it is presented ...

Warm Regards
Kapil Chandna Advocate
9899011450
Rajendra K Goyal (Expert) 08 December 2015
Where the cheque was presented for collection?
Anoop Kumar (Querist) 10 December 2015
Branch located in my city..
P. Venu (Expert) 12 December 2015
Did you reply to Notice? If so, what was the constants of the reply?
K.S.Srinivas (Expert) 12 December 2015
In view of the recent amendment to N.I. Act, a complaint can be filed by a payee in its own jurisdiction where the bank is situated & in which the cheque was presented for the clearance .
Anoop Kumar (Querist) 15 December 2015
The cheque presented for clearance in a branch of my city.so, the case will file in my city court.Is that so..?
T. Kalaiselvan, Advocate (Expert) 16 December 2015
The complainant presented cheque with his bankers and he was duly intimated by his bankers that the cheques has been returned due to insufficient funds, therefore the jurisdiction may lie in the bank which intimated about bounce.
K.S.Srinivas (Expert) 16 December 2015
Yes author (Mr.aeykayess. You are right.


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