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prashant (propreitor)     08 October 2014

Transfer of cheque bounce case..


I have a business in chennai.. A MNC has filed a false 138 and 142 case on me in mumbai..They have been delaying procedure for over a year now..Till date we have only recieved their proof of affidavit.Can I move to supreme court for transfer of the case to chennai.. Kindly Help...


 4 Replies

498A-filed (Advisor)     08 October 2014

Kindly tell me whether the cognizance has been taken or not and whether you have received summons or not. 

I presume that since you belong to Chennai, your account is also of Chennai.


Presuming that the cognizance has been taken , your account is of Chennai and trial has not been started, then you should move to supreme court for the transfer of case citing the recent three judge bench supreme court  judgement. 


There are all chances that case will be transferred from Mumbai to Chennai.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     09 October 2014

no need to file any transfer petition before SC, file an application before trial court with the recent judgement of Apex Court, dasrath roop singh rathore vs state of maharastra, and raise question over the jurisdiction. trial court is bound to transfer the case to your area where the cheque got bounced.

498A-filed (Advisor)     09 October 2014

The trial court has got no jurisdiction to transfer the case in another state.


However you can pray the concerned trial court to reject the case and return the papers to the complainant so that the complainant may file it in the court having jurisdiction. You may give the citation of the recent judgement.


Alternately you can also move to supreme court and get the case transferred.


The jurisdiction is not at the place where the cheque is bounce, but where the bank branch of account holder is situated. The whole judgement was regarding jurisdiction only. The apex court was worried  that the complainant to harass the accused, deposit cheque at a far off place or city.

prashant (propreitor)     09 October 2014


Thanks for your reply to my above query,Is any review of the said supreme court judgement is pending ,Can the application for jurisdictions be rejected on the basis of the pending review petition..Kindly reply,

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