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sunny (lawyer)     18 November 2008

JURIDICTION FOR 138 N.I. ACT

All the learned Advocates,
                                      I have filed a suit under section 138 N.I. Act on behalf
of the jurisdiction of complainant residence but the learned court said that the supreme has decided recently that a complaint under section 138 N.I. Act can be field only on behalf of ACCUSED RESIDENCE OR ACCUSED BANK. Is this write? what does supreme court says about this matter? Is there any ruling for my favor .
I  am going to take an adjournment for cognizance in this case but  i have to decide it's on next date. Please give me suggestion it's urgent.            
               


Learning

 17 Replies

rupareliya (advocate)     19 November 2008

so many judment by s.c. about this topic THE SETTEL LAW IS WHERE EVER COUSE OF ACTION ARISE COM.MAY FILE


IF ANY CHEQ.DISHO. THAN THE BANK OF COMPLANANT WHERE CHEQUE IS GIVEN FOR CASE


THE PLACE WHERE CHEQUE DISHONOURED


SO IF COMPLAINAT BANK AT DELHI THAN U CAN FILE COMPLAIN AT DELHI ALSO


IF ACCUSED BANK AT AHMEDABDA U CAN FILE COM.AT AHMEDABAD ALSO


IF ALL THE TRANSECTION RELATED THE CHEQUE. OCCOURD AT PATNA


U CAN FILE COMPLAIN ALSO FROM PATNA


 

Rohit Krishan Naagpal (Advocate)     19 November 2008

Check AIR 1999 SC 3762


 


IT SETTLES THE LAW ABOUT CAUSE OF ACTION IN 138 NIA

Jogender Kumar (Advocate)     19 November 2008

there is no such judgment saying that the jurisdiction is to be taken from accused side.


jurisdiction is of the area where the offence has been committed or where some transaction had taken place which resulted in the alleged offence.


 

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     19 November 2008

Sir, That the complaint filed by you taking the residence of the complainant as jurisdiction is also correct.  There is no need for you to worry you can proceed.  Hon'ble Supreme Court has not given any judgement as stated to you by Court.

G.G.Shaikh Advocate M:9898038990 (lawyer)     27 November 2008

i am completly agreed with rupareliya and m.piravi perumal both are corect.

ekamber (better not stated)     09 December 2008

dear friends


The aspect pertaining to the jurisdiction for the filing court can be seen to be clarified by the Honourable SC, which is as under:


K. Bhaskaran v. Sankaran Vaidhyan Balan; for citation is below. = 1999 (6) SCALE 272 (Judgment dated Sept.29, 1999= 1999 ALL MR (Cri) 1845 (SC) = 1999 (4) ALL MR 452 (S.C.)) by K.T.Thomas and Mr. M.B.Shah JJ; decided on 29-9-1999. Section 138 - Criminal Procedure Code, 1973, Sections 177, 178, 179 -Territorial jurisdiction - Dishonour of cheque - Complaint can be filed at any of the place: -

1. Where the cheque was drawn.

2. Where the cheque was presented for encashment.

3. Where the cheque was returned unpaid by drawee bank.

4. Where notice in writing was given to drawer of cheque demanding payment.

5. Where drawer of cheque failed to make payment within 15 days of receipt of notice.


Each of the fine acts constituting offence could be done at 5 different localities. Hence one of the Courts exercising jurisdiction in one of the five local areas can become the place of trail for the offence under sec. 138 of the Act. In other words, the complainant can choose any one of those courts having jurisdiction over any one of the local areas within the territorial limits of which any one of those five acts was done. As the amplitude stands so widened and so expansive it is an idle exercise to raise jurisdictional question regarding the offence under Sec. 138 of the Act. K. Bhaskaran v. Sankaran Vaidyan Balan.


 


ekamber

TVD Rajkumar (Advocate)     12 December 2008

Mr Ekamber is correct. The said judgment was approved in a recent case titled Smt Shamshad Begum Vs. B. Mohammed reported in 2008 (4) Civil Court Case SC 567

Rohit Krishan Naagpal (Advocate)     09 February 2009

Please check new judgment of Hon'ble High Court in Harman Electronics Vs National pansonic  MANU/SC/8405/2008


OR


CHECK THE LINK


https://indiankanoon.org/doc/463854/


 


 

Bindu (Junior Lawyer)     11 February 2009

Mr. Ekamber is correct and it is well explianed with supporting judgement

pradeep kumar lalwani (advocate)     26 August 2009

 In which Place We file the complant before the court in 138 NI act

TVD Rajkumar (Advocate)     03 September 2009

Mr. pradeep you have the answer in Mr. ekamber's post

PARTHA P BORBORA (advocate)     03 September 2009

how far my knowledge goes a complain U/S 138 NIAct can be filed at any of the following  place: -

1. Where the cheque was drawn.

2. Where the cheque was presented for encashment.

3. Where the cheque was returned unpaid by drawee bank.

4. Where notice in writing was given to drawer of cheque demanding payment.

5. Where drawer of cheque failed to make payment within 15 days of receipt of notice.

pradeep kumar lalwani (advocate)     04 September 2009

i got it , thnx

pradeep kumar lalwani (advocate)     04 September 2009

Yea And Rulling is - 1999 S.C. 3762


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