Shubhangi Patil (Management Trainee) 03 February 2009

section 138 of Negotiable Instrument Act, 1881

Hi,

I want to Know,

If a cheque issued in Nagpur by one of the client is dishonoured to the party residing in Mumbai than in which Court should the party file the case? In Mumbai Court under his juridisction or in Nagpur Court, where the client issuing cheque resides?

Regards

Shubhangi.

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17 Replies

kavi (lawyer) 03 February 2009

Sir,

We should file cheque were the complainant resides only

Prakash Yedhula (Lawyer) 03 February 2009

Both Mumbai and Nagpur courts have jurisdiction to try the case. Click the link below to find a discussion and case law on the subject.

https://www.lawyersclubindia.com/forum/messages/2008/12/3821_sec_138_latest_judgement_sc_territorial_jurisdiction.asp

Jaydeep Kurup (ACS, LLB) 03 February 2009

SC held in K. Bhaskaran v. Sankaran Vaidhyan Balan that complaint can be filed at any of the places below :-

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.

Ravi Arora (Advocate) 03 February 2009

i agree with Mr. Prakash and Jaydeep

M. PIRAVI PERUMAL (Advocate & Consumer Rights) 04 February 2009

What my learned friends said is right and i agree with them.

merlia (student) 05 February 2009

Ah yes, I agree with them.

____________________

Miami Attorneys

PALNITKAR V.V. (Lawyer) 05 February 2009

Harman's judgment is latest one. It lays down the law clearly.

Ashu (lawyer) 07 February 2009

both the courts have jurisdiction to file a complaint u/s 138 NIAct however if you serve a notice from Mumbai then it is sufficient to file a complaint u/s 138 NIAct

Shubhangi Patil (Management Trainee) 09 February 2009

hello Sir,

Thanks for your valuable advice and for sharing the cases with me.

Shubhangi

Shubhangi Patil (Management Trainee) 09 February 2009

Hello Sir,

Thanks for your valuable advice and for the cases.

Shubhangi

Shubhangi Patil (Management Trainee) 09 February 2009

hello Sir,

I agree with you, But what if,

The Court gives the order by quoting case which states that the case is to be filed where the cheque has been dishonoured not where the head office is. So, if the order given by Court is like this than how to proceed further? Is there any application to be given to the Court by quoting this M/s Harman Electronics (p) Lts case, so that it will consider the case or what is the way out?

Regards

Shubhangi.

adv. rajeev ( rajoo ) (practicing advocate) 09 February 2009

bombay court has got jurisidction to try this compalaint

PALNITKAR V.V. (Lawyer) 10 February 2009

You need not give any separate application. Just show the ruling to the court.

Badal Dayal Advocate (Advocate) 16 April 2009

if the court has made an order while referring any judgement then you can challenge impugned order before appellate court by way of filing an appeal against order.