Regarding filing petition for cheque bounce case
Querist :
Anonymous
(Querist) 24 October 2019
This query is : Resolved
Hi Experts,
I have a concern. Your help needed Kindly help.
In 2013 One person has given me a cheque for money which he vows to me. It got bounced and I have filed cheque bounce case on him in my city.
But later after few months , supreme court said that cheque bounce cases have to be filed in cities to which lenders bank account is with (person who has issued me cheque). and the court in which I have filed the case returned my case.
Now I have heard that supreme court rolled back the above judgement.
Could you please let me know how should I get the case opened ? how should I file petition for it ? Please guide me how to get the cheque bounce case opened ?
Please help. I will be thankful to you.
Isaac Gabriel
(Expert) 24 October 2019
It is a time bound process.Neverthless consult Lawyer
Querist :
Anonymous
(Querist) 25 October 2019
Sir, I did not get the meaning of "time bound process" in this context . If possible kindly tell if it can be opened or not. Kindly. Just tell me this information alone.
KISHAN DUTT KALASKAR
(Expert) 25 October 2019
Dear Sir,
You may file a formal application for reopening your case on the basis of such judgment if any, if rejected you may approach High Court.
Hemant Agarwal
(Expert) 25 October 2019
1. File proper application to "Take /Bring on Board", the said case (IF the case papers are not already transferred to the other court jurisdiction).
2. IF case papers are already transferred, THEN move application to recall /restore /bring-back of case file, from the transferred court to original court.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
P. Venu
(Expert) 25 October 2019
All those incidents which you have posted would have happened long back. Law has since been amended to take care of the Supreme Court decision.
Was your complaint returned back - when? Had your advocate informed you of the amendment to Act?
Dr J C Vashista
(Expert) 26 October 2019
Incomplete facts posted by an anonymous author can not lead to form an opinion and oblige.
Negotiable Instruments Act, 1881 is already settled after amendment Act, 2018 nullifying ratio of judgement passed by Supreme Court in the case titled Dashrath Rupsingh Rathod Vs State of Maharashtra.
