Civil Procedure Code (CPC)

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.            
               
 
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advocate

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


 

 
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Check AIR 1999 SC 3762


 


IT SETTLES THE LAW ABOUT CAUSE OF ACTION IN 138 NIA

 
Reply   
 

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.


 

 
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Advocate & Consumer Rights

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.

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

 
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better not stated

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

 
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Advocate

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

 
Reply   
 

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


OR


CHECK THE LINK


http://indiankanoon.org/doc/463854/


 


 

 
Reply   
 
Junior Lawyer

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

 
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