case transfer

6 years ago

I am the defendant in this case and this case has been going on in my city for last 4 years but the other party has file petition to transfer this case to other parties hometown according to some Supreme Court decision I totally understand the reasoning but thing is that when I gave this check this check was given in this city only and I had no way to know where it is going to be deposited and the second party has mentioned in their application that this check was given in other party city but I have never ever visited that city in my whole life so can you guys suggest me what argument can I make so that I can avoid transfer in this case from here to there if I find your suggestion worthy I am ready to hire right away thank you

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Adv. Sarika Khude

Responded 3 years ago

A.Can you please share the main reason for transfer of case to other city.

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Deepak Yashwantrao Bade

Responded 5 years ago

A.dear client Had you filed a case then requesting for transfer by the other party is understandable. The party himself filing a case in one court and then asking for transfer without any reason but just on the basis of a SC judgement can be very well countered in the court that this is done just to harass the defendant. Secondly, you got to prove that cheque was issued and handed over to plaintiff in the current city and was deposited by the plaintiff in the current city.Dishonour of Cheque-Gujarat HC explains the new Law on Territorial Jurisdiction.

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Kishan Dutt Kalaskar

Responded 5 years ago

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A.….CAN BE NOW FILED ONLY IN THE COURT SITUATED AT THE PLACE WHERE THE BANK, IN WHICH THE PAYEE HAS ACCOUNT,……..
Dishonour of Cheque-Gujarat HC explains the new Law on Territorial Jurisdiction [Read Judgment]...

Gujarat High Court has explained the principles relating to it in a recent Judgment in Brijendra Enterprise v. State of Gujarat and another with illustrations.
The Court held that In view of the amendment, a complaint for dishonour of cheque under Section 138 of the Act can be now filed only in the Court situated at the place where the bank, in which the payee has account, is located.

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Abhimanyu Shandilya

Responded 6 years ago

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A.First of all if you are the Defendant then the Complainant must have filed the case initially in your city. Now since petitioner is asking for transfer which will cause severe problems to you hence your current lawyer must challenge this and try to stop the transfer. Had you filed a case then requesting fro transfer by the other party is understandable. The party himself filing a case in one court and then asking for transfer without any reason but just on the basis of a SC judgement can be very well countered in the court that this is done just to harass the defendant.
Secondly, you got to prove that cheque was issued and handed over to plaintiff in the current city and was deposited by the plaintiff in the current city.
Can you please share the main reason for transfer of case to other city. Knowing that can add more insight to the matter.

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