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Pawan Joshi (Partner)     26 December 2009

Where to file the petition challenging jurisdictin

Dear Learned members,

Please advise as to where the petition challenging the jurisdiction of a court summon can be filed.

The details are the complaint is filed by the supplier company having head office at Chennai & branch office at Bhubaneswar Orissa. The cheque issued by me from Sambalpur drawn on Sambalpur bank that is cheque is deposited at chennai, but presented & returned at Sambalpur, Orissa. We are doing business only with Bhubaneswar Branch.

The complaint was filed by the supplier company in Chennai court u/s138(1). The court sent the summon to me at Sambalpur to appear in person in chennai court.

Now as is clear from the above, the chennai court doesn't have the jurisdiction, so what are my options to challenge the jurisdication of the chennai court.

  1. Can I file a petition in Orissa High court to challenge the Jurisdiction of the Chennai court.
  2. if not can I file the petition in Chennai High court before appearing in chennai court challenging the jurisdiction
  3. Can I represent myself in court through an advocate, when summon states to appear in person.

Your learned opinion will help me a lot to avoid the harrassment intended by the company by filing the complaint at Chennai.

Waiting for your expert opinion.



Learning

 7 Replies

J. SUBRAMANIAM (Central Govt. Standing Counsel)     26 December 2009

The jurisdiction is the cases of 138 N I Act is :-  You can invoke the any of the following jurisdictional courts :-

Place where the transaction took place

Place where the Cheque was presented for clearance

Place where your Banker is

Even you can give your lawyer's address, who served Notice.

 

There are lot of Supreme Court judgements in the matter of Jurisdiction cited above.

Regards,

 

J. SUBRAMANIAM, Central Govt. Standing Counsel

 

 

1 Like

Pawan Joshi (Partner)     26 December 2009

Dear J. Subramaniam,

Thank you so much for your reply,

You mean I can file a petition in Orissa High court challenging the jurisdiction of Chennai court as all of the condtions of jurisdiction mentioned by you fall within orissa.

Again what documents I need to file in the petition before the hon'ble high court in this matter, as  I have just a copy of summon at the moment.

waiting for your respone

 

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     27 December 2009

 COMPLAINANT FILED THE CASE AS PER THE JURISDICTION ONLY, HENCE SEE SOME OTHER ALTERNATIVE TO CHALLENGE THE SAME FROM H.C OF ORRISSA. MEET AN ADVOCATE ALONG WITH NOTICE U RECEIVED OR FULL COMPLAINT DOC&MATERIAL PAPERS.

1 Like

Pawan Joshi (Partner)     27 December 2009

Sir,
is it correct to imply on my part, that I can challenge the jurisdiction of the chennai court in Orissa High court.
How can I obtain the copy of the complaint filed in chennai court before appearance.
Is it possible to appear through an advocate, though the summon mentioned to appear in person.
your opinion in this matter is very high importance.

Looking forward for your reply.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     27 December 2009

 PLEASE CONTACT SOME ONE IN CHENNAI OR CALL US ON 09985233699, WE CAN ASK ANY OF MEMBER TO REPRESENT  IN CHENNAI TO COLLECT PAPERS ON THE DAY OF CASE.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     27 December 2009

 PLEASE CORRECT THE mobile NO. AS 099851 33 6 99. OR  mail ponaka2008@gmail.com

MOHANA SUNDARAM (Advocate High court Madras. M-9840908555)     27 December 2009

Pawan sir,

1) As far as jurisdiction is concerned, what subramaniam sir has stated is correct. as the cheque was presented by the complainant in chennai, they have jurisdiction to prosecute you at chennai court. Hence you cannot approach Orissa high court on jurisdiction issue.

 

2) The normal procedure in chennai courts is that the accused shall present 'in person' on the first hearing of the case.and the copy of complaint will be given on that day. You cannot get complaint copy prior to your appearance.

 

3) After appearing for  the first hearing and for questioning, you can file a petition u/s section of 205 Cr.P.C. to dispense with your presence on further hearings of the case.


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