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kavita (.)     09 February 2014

Under 138 nia act

in 138 nia act case file in mumbai court but complainent from virar and accused from dombivali cheque bounce at thane but only because of advocate sending notice from mumbai the case file in mumbai court.......how juridictions based upon?  If advocate from delhi he or she send send notice from delhi then case file in delhi court...is it harrasement of accused and complainant? any judgment?

 



 4 Replies

T. Kalaiselvan, Advocate (Advocate)     09 February 2014

Dont know how the jurisdiction is drawn in Mumbai, but otherwise it is not proper

santhosh.g. (advocate)     09 February 2014

 bombay court does't have jurisdiction. as per 138 N.I.act. jurisdiction arise 1. the place at accused resides, 2. complainant resides or having office or branch, 3.where the transaction carried, 4. bank from the cheque dishonoured( drawee bank not payee bank), place at the notice service( not the place of the advocate. The place at where the notice served on the accused). tf the Metro. Magistrate taken cog- 0n the complaint and issued the summons approch high court with a petition u/s 482 cr.p.c

santhosh.g. (advocate)     09 February 2014

 bombay court does't have jurisdiction. as per 138 N.I.act. jurisdiction arise 1. the place at accused resides, 2. complainant resides or having office or branch, 3.where the transaction carried, 4. bank from the cheque dishonoured( drawee bank not payee bank), place at the notice service( not the place of the advocate. The place at where the notice served on the accused). tf the Metro. Magistrate taken cog- 0n the complaint and issued the summons approch high court with a petition u/s 482 cr.p.c

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

read k. bhaskaran judgement, nishant aggarwal judgment,

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