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shasha jain   28 November 2018

Cheque bounce case jurisdiction

kindly guide me regarding the jurisdiction of court in cheque bounce cases



Learning

 6 Replies

Adv Deepak Joshi +917017821512 (Advocate)     28 November 2018

Post material facts not direct questions.

salim pathan (llb)     28 November 2018

hi shasha,
the jurisdiction of cheque bounce cases after the landmark judgment of Dhashrat Roopsingh rathod is depends where u present the cheque.. for example if drawer issued u a cheque from is account in Mumbai. and u have presented that check in ur bank at Delhi . then u have to file case at Delhi.. in simple the jurisdiction depends where u present cheque

shasha jain   28 November 2018

Is this judgement still valid after 2015 amendment act @salim

salim pathan (llb)     28 November 2018

yes it is still in force the jurisdiction will be depends on where u present the cheque

R Trivedi (advocate.dma@gmail.com)     29 November 2018

Jurisdiction in cheque bounce case, unfortunately and foolishly, can be almost anywhere on the Earth. That is location of 1. Drawer branch 2. Payee branch 3. Drawer place 3. Payee place 4. Place of notice. Etc. Ideally speaking it shd be the business place of accused and of payee (where transaction took place if payee has multiple locations).

sandipvarma (Lawyer)     01 December 2018

It should be filed in the Magistrate Court. Each Judge (in this case known as Magistrate) will have certain areas covered under them (called as Jurisdiction). Therefore the Complaint should be filed before the Magistrate who has jurisdiction over the area where the Payee/Holder’s bank’s branch is located. In order to find out the jurisdictional Magistrate, you can contact your Bank or the area police station or the Magistrate Court or your lawyer. It is to be noted that the branch in which the cheque has been deposited will not determine the jurisdiction of the Court.


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