R.manavalan (Student) 25 January 2010

138 N.I

Dear sir, i m a law student, chennai, my friend receive a summon from bangalore court regarding 138N.I by kotak credit card, Rs 5050/- . all transactionsmade in chennai but 138 case Filed in bangalore. coming 12-2-2010 is first appearence. we wish to face the case in chennai highcourt. what can i do for the legal threatening. somebody said one recent HC jungement is stopping the private bank's this type of cruel work. we note some dispute in their bills. please give valuable suggessions to me. what is this? r.mana.legal@gmail.com

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B K Raghavendra Rao (Senior Advocate) 25 January 2010

Jurisdiction to file complaint under NI Act arises on four planes - (a) where complainant resides (b) where complainant's bank is situate (c) where the cheque bounced and (d) where the accused is residing. Now the complainant does not consider the convenience of the accused and hence the option (d) is ruled out. If the complainant is residing or having his head office in Bangalore or if the cheque was bounced at a branch of the bank in Bangalore, then the complainant is justified in filing the complaint at Bangalore Court. Your friend has no choice but to attend the court hearings at Bangalore.