Criminal case 138 cases

manager

DEAR FORUM MEMBERS,

AS PER THE SUPREME COURT JUDGEMENT. CHEQUE ISSUED BANK PLACE, THOSE UNER PRE SMMON STAGE, EVDENCE NOT STARTED CAN TRANSFER THE CASE. IN OUR CASE EVIDENCE COMPLAINT GIVEN RESPONDENT ,   RESPONDENT EVIDENCE NOT STARTED, RESPONDENT APEARING REGULARLY ORI TS ADDVOCATE FILLING ABSENT PETTION. IT NECESSARY TO TRANSFER THE CASE FOR RESPONDENT EVIDENCE.

OR CAN PROCEED CASE  AS IT IS FILED COURT  IN TAMIL NADU OR NECESSAARY  TO TRANSFERING TO OTHER STATE( BANK  CHEQ ISSUED FROM OTHER STATE)

 
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Advocate

You don't need to do anything... the court it self will identify the cases fit for transfer according to the latest judgement and intimate the same.  In your case the case would remain in the same court as the trial had begun already.

 
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Dear All,

If a 138 case is transferred, then in the other city do we need to file the case afresh or are there other procedures. Kindly advice. Thanks.  

 
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Administrator

Sir

I was given a cheque and got bounced. Filed at local court as per section 138. Cheque amount is 15000.00

Now needed to transfer the case to IX metropolitan court, Miyapur. Even not send summon. Can someone help me at Kukatpally or Miyapur (Hyderabad)

as the cheque amount is just 15K will someone take up the matter at less expenses? Pls...

Last date to file the case at court is Dec 20th.

My phone number:9966766146

 
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Advocate

@Kaya:  Your case can be transferred to the jurisdiction of the drawer's bank location.  The court will decide about it soon.

 
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Advocate

@Aindreela Chakroborty:  If the court is transferring the case to the jurisdictional court, the entire papers will be handed over tho the complainant, who will make no addition to the existing set of papers except a new vakalat from a local lawyer and shall present the same papers as it is before the new court. No need to file a fresh a case, it will not be valid.

 
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Advocate

@Robin:  If you have not filed the case, file it in the appropriate jurisdictional court, if already filed and is within the same jurisdiction, you cannot transfer the case at your will to a place of your choice.

 
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Dear Sir,

Please suggest for the appended query: -

I have taken a education loan in the year 2007 and started repayment in the year 2009 till mid 2012  we have almost paid the Principal amount while interest is outstanding as on today and due to financial crunch we could not pay and restart repayment.

We have requested Bank to consider GOI's Circular on Education Loan Waiver which states as follows : -

Interim Budget 2014 in February by the then Finance Minister Chidambaram bring comforts to education loan borrowers stating moratorium period for all education loans taken up to March 31, 2009, and outstanding as of March 31, 2013. hence GOI would take the Liability for Outstanding Interest till 31st Dec 2013.

Now the Nationalized Bank has filed a case against my gurantor who is a pension holder, blocking her accounts and demanding money.

We are ready to cooperate but not a satisfactory answer received from them and they are forcing us to sign loan renewal letter i.e. Promissory Note as we have not signed it for last 6 years.

and just now Bank' Lawyer has recently sent a letter for NI 138 to pension holder stating that your given cheque is not working and due to funds insufficient in account, we will take legal action against pension holder.

Irony is, we have not given a signed cheque to bank in recent 7 years so how they can do this.

Please let me have your thoughts on the same.


Regards,

Vishva

 
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