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Thirumaran (Litigation Incharge)     07 December 2009

cheque bounce-jurisdiction

My client is at Chennai. He is a partner and is running a partnership firm at chennai and had taken a business loan at Chennai from a Bank at chennai. Due to cheque issued by the firm being bounced, the bank has filed a case under 138 of NI Act at Banglore against another partner who has not signed the cheque and has depicted the other partner as a proprietor of the organisation and the magistrate has wrongly taken cognizance.

Now my quesion is whether the court at Karnataka has jurisdiction considering the fact that transaction issue of cheque, bouncing presenting etc all took place at Chennai and no jurisdiction other than issue of notice took place at B'lore. 

 

regards

 

THIRUMARAN.

ADVOCATE



Learning

 4 Replies

Ajay Bansal (Advocate)     07 December 2009

If the cheque had been presented in a bank of Banglore,from where it had been bounced, then court of Banglore is having jurisdiction to try this case.

MOHANA SUNDARAM (Advocate High court Madras. M-9840908555)     17 December 2009

if the notice is from B'lore, then case can be initiated there.

Devajyoti Barman (Advocate)     17 December 2009

The cause of action can arise in Bangalore only if the cheque was deposited there and got bounced.

MOHANA SUNDARAM (Advocate High court Madras. M-9840908555)     18 December 2009

just noe i hear from my friends that notice jurisdiction is ousted. can any one clarify? plzzzz


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