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Bunny Chintu   14 December 2022

ni act

a person given a cheque having account in hyderabad to delhi trader but delhi trader not supplied the stocks properly and filed a false case at delhi under ni act.
Is it maintainable?as the drawer bank account at hyderabad.


 2 Replies

Advocate Bhartesh goyal (advocate)     14 December 2022

Yes, Delhi court has only jurisdiction to try and inquire the case, As per sec 142(2) of N.I.Act the offence under sec 138 of N.I.Act shall be inquired into and tried only by a court within whose local jurisdiction " where  payee maintained his bank account  situates. Trader presented the cheque for encashment at bank situated at Delhi so Delhi court has jurisdiction to try the case.






P. Venu (Advocate)     14 December 2022

What is the action you have initiated qua the defects/shortcomings in supply?

Have you brought out these aspects in reply to the statutory notice? 

Why was the cheque dishonoured? Was it because of insufficient funds or 'stop payment' instruction?  If the latter, why?

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