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Arun Agrawal (Business Consultant)     05 January 2011

starting of proceedings in NI 138 complaints

Dear all:

 

I wish to know if a Delhi based Court entertain a suit/complaint u/s 138 NI Act in respect of a cheque issued on a Bank with its Branch in Noida, U.P. if the registered office of the cheque issuer/drawer is based in New Delhi .  It appears that Justice Pathak of Delhi High Court has held on 1.10.2010 that such suits cannot be admitted/tried by MM Courts in Delhi .



Learning

 6 Replies

SACHIN AGARWAL (ADVOCATE)     10 January 2011

Case u/s 138 can be filed at the place where the caus eof action accrues. If the cheque is dishonored at Delhi, the Courts at Delhi shall have the jurisdiction.

Raju Ramparag Gupta (Advocate)     13 January 2011

the business of accused, complainant person are taken in to account and the branch of the bank.

k.kumar raja (advocate)     17 January 2011

issued place of branch,collection branch,place of issue of cheque,address of the complainant,address of the accussed any one of the place falls as a juristiction.

Arun Agrawal (Business Consultant)     17 January 2011

As I have understood after consulting several lawyers and reading through recent Delhi High Court judgements and some SC Judgements as well , the jurisdiction will lie in the  the bank branch city where the cheque has been dishonoured NOT where it was deposited .  

Amit Minocha (Lawyer)     05 February 2011

as far as Delhi Courts are concerned the address of the bank of the  accused and that of accused matters here much.


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