LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mohit Attri (lawyer)     15 October 2010


A person got admission in a education institute located at X. after 3-4 days he withdraw his admission and accademy return his fee through cheque.when the person submit the cheque in bank  situated at place  Y  then it return by bank due to insufficent fund in the account of my question is that can  a person file civil suit(suit for recovery) at place y. cheque was issue from place X and bounce at  place y. case of 138 NIA can file on place Y BUT QUESTION IS THAT CAN WE FILE CIVIL SUIT OF RECOVERY ON SAME PLACE Y WHERE THE CHEQUE RETURN BY BANK DUE TO INSUFFICENT FUND???


 2 Replies

ashish lal (Advocacy)     15 October 2010

In case of 138 Y does not have case Civil suit jurisdiction may include Y 

Jayesh Bheda (Advocate)     17 October 2010

As far as the criminal complaint under 138 is concerned Y would have jurisdiction as the cheque was deposited at Y and bounced back at Y. For the purpose civil jurisdiction the details are not sufficient to decide it.

In the matter of  K.Bhaskaran Versus Sankaran Vaidhyan Balan  (1999 (7) SCC 510 : AIR 1999 SC 3762 ) SC held as under :

“14 The offence under Section 138 of the Act can be completed only with the concatenation of a number of acts. Following are the acts which are components of the said offence : (1) Drawing of the cheque, (2) Presentation of the cheque to the bank, (3) Returning the cheque unpaid by the drawee bank, (4) Giving notice in writing to the drawer of the cheque demanding payment of the cheque amount, (5) failure of the drawer to make payment within 15 days of the receipt of the notice.

16 Thus it is clear, if the five different acts were done in five different localities any one of the Courts exercising jurisdiction in one of the five local areas can become the place of trial for the offence under Section 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 Section 138 of the Act “

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads


Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query