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shekar (ind)     27 December 2014

Check bounce - 420 case

sir,

Cheque Bounce case has been registered Under "NI act 138" Six Months ago in the court and the case is not yet settled.   

Accused Bank location - SBI, BANGALORE, Karnataka ;  (complainant) have presented Cheques in - SBM, MYSORE, Karnataka.

Now i would like to file a case under Section 420 IPC also against accused.

How to proceed with this and let me know the jurisdiction.

pls give me valuable suggestion.

 

Thanks,



Learning

 5 Replies

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     27 December 2014

Firstly your complaint will be returned to you back and your have to file it at the place of accused bank.

SAINATH DEVALLA (LEGAL CONSULTANT)     27 December 2014

At the first instance the cheque is a wasted piece of paper, as you have filed the case at the wrong location.You have not specified the transaction details.As you have already filed a complaint at a different location,you cannot file a fresh complaint using the same instrument.Only option for you is to file a civil case.

BHUWAN RAJ 09839268489 (lawyer)     28 December 2014

Dear

As per the supreme court judgement in RupSingh Rathod u can file a criminal case under section 406, 420 IPC at the place of jurisdiction where the transaction took place i.e. where the actually cause of action lies and u can also file a suit for recovery of money as well.

 

Regards

Bhuwan Raj,Adv.

T. Kalaiselvan, Advocate (Advocate)     28 December 2014

The cheque bounce case filed in Mysore will be returned to you with an advise to file the same in Bangalore within 30 days of return.  That is the latest ruling.  If you do not want to pursue the cheque bounce case at Bangalore, you may lodge a criminal complaint against the accused in the place of the event occurred.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     03 April 2015

The best way in such cases will be filing summery suit for recovery which will be sure and swift and recovery of money will be assured with interest till the money is paid.

 

If you file criminal case than just because you did not refile the NI 138 case at new place will weaken your complaint and it will take years to decide without any prospect of recovery of money.

 

We can help you to file summery suit at proper court in all such cases.


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