Negotiable instrument act
2 months ago
Case dismissed holding court has no jurisdiction
Can another complaint be filed in court having jurisdict now
A.Dear Client,
The latest ruling on territorial jurisdiction for cheque bounce matters under Section 138 of the Negotiable Instruments Act (NI Act) comes from the Supreme Court case of M/s T.P. Murugan (Dead) through Lrs. Vs. Bojan (2018) 8 SCC 469. The apex court, in its landmark judgment, emphasized that the place where the cheque is dishonored is the determining factor for establishing territorial jurisdiction. This ruling aligns with the legislative intent of Section 138 of the NI Act, which specifically mentions that legal proceedings can be initiated in the court within whose local jurisdiction the offense was committed i.e, where the cheque is presented for collection. Therefore, the court situated within the jurisdiction of the drawee bank will have the territorial jurisdiction to entertain the complaint under Sec.138 of the N I Act. A cheque bounce case must be filed within 30 days of the receipt of the legal notice by the drawer of the cheque. However, the Court can extend the time for filing the complaint by condoning the delay in filing the complaint on being satisfied with the reasons assigned in the petition.
The latest ruling on territorial jurisdiction for cheque bounce matters under Section 138 of the Negotiable Instruments Act (NI Act) comes from the Supreme Court case of M/s T.P. Murugan (Dead) through Lrs. Vs. Bojan (2018) 8 SCC 469. The apex court, in its landmark judgment, emphasized that the place where the cheque is dishonored is the determining factor for establishing territorial jurisdiction. This ruling aligns with the legislative intent of Section 138 of the NI Act, which specifically mentions that legal proceedings can be initiated in the court within whose local jurisdiction the offense was committed i.e, where the cheque is presented for collection. Therefore, the court situated within the jurisdiction of the drawee bank will have the territorial jurisdiction to entertain the complaint under Sec.138 of the N I Act. A cheque bounce case must be filed within 30 days of the receipt of the legal notice by the drawer of the cheque. However, the Court can extend the time for filing the complaint by condoning the delay in filing the complaint on being satisfied with the reasons assigned in the petition.
Helpful
Helpful
Share
A.Dear client,
Yes you can and must file a case in the court where your jurisdiction is.
Jurisdiction can be determined by the address of the petitioner or respondent or where the cause of action has aroused.
Thanks
Yes you can and must file a case in the court where your jurisdiction is.
Jurisdiction can be determined by the address of the petitioner or respondent or where the cause of action has aroused.
Thanks
Helpful
Helpful
Share
A.Dear sir
Yes you can file immediately along with application for condonation of delay under section 142 (b) of NI Act.
-------------------------------------------------------------------------------------------------------------------------------------------------------------
CONDONATION OF DELAY SECTIN 142 AMENDMENT
Central Government Act
The Negotiable Instruments (Amendment And Miscellaneous Provisions) Act, 2002
THE NEGOTIABLE INSTRUMENTS (AMENDMENT AND MISCELLANEOUS PROVISIONS) ACT, 2002
9. Amendment of section 142.- In section 142 of the principal Act, after clause (b), the following proviso shall be inserted, namely:-" Provided that the cognizance of a complaint may be taken by the Court after the prescribed period, if the complainant satisfies the Court that he had sufficient cause for not making a complaint within such period.".
However, by Amendment Act of 2002 court is empowered to take cognizance of the offence even if complaint is filed beyond one month by condoning the delay if sufficient cause is shown. It has been held in various other cases that offence is not made out 1. When cheque returned as defective one (Babulal vs. Khilji 1998 (3) Mh L.J. 762 ) 2. When no notice is given to company and cheque is drawn by company ( P. Raja Rathinalm vs. State of Maharashtra 1999 (1) Mh.L.J. 815) 3. Cheque is given as a gift. 4. Complainant was not a payee. 5. Signature of drawer on the cheque is incomplete. ( Vinod vs. Jahir 2003 (1) Mh L.J. 456.) PUNISHMENT: After the amendment of 2002 th
Yes you can file immediately along with application for condonation of delay under section 142 (b) of NI Act.
-------------------------------------------------------------------------------------------------------------------------------------------------------------
CONDONATION OF DELAY SECTIN 142 AMENDMENT
Central Government Act
The Negotiable Instruments (Amendment And Miscellaneous Provisions) Act, 2002
THE NEGOTIABLE INSTRUMENTS (AMENDMENT AND MISCELLANEOUS PROVISIONS) ACT, 2002
9. Amendment of section 142.- In section 142 of the principal Act, after clause (b), the following proviso shall be inserted, namely:-" Provided that the cognizance of a complaint may be taken by the Court after the prescribed period, if the complainant satisfies the Court that he had sufficient cause for not making a complaint within such period.".
However, by Amendment Act of 2002 court is empowered to take cognizance of the offence even if complaint is filed beyond one month by condoning the delay if sufficient cause is shown. It has been held in various other cases that offence is not made out 1. When cheque returned as defective one (Babulal vs. Khilji 1998 (3) Mh L.J. 762 ) 2. When no notice is given to company and cheque is drawn by company ( P. Raja Rathinalm vs. State of Maharashtra 1999 (1) Mh.L.J. 815) 3. Cheque is given as a gift. 4. Complainant was not a payee. 5. Signature of drawer on the cheque is incomplete. ( Vinod vs. Jahir 2003 (1) Mh L.J. 456.) PUNISHMENT: After the amendment of 2002 th
Helpful
Helpful
Share
Read Related Answers
Fake cheque bounce case
Dear Client,
To address a false complaint or false criminal proceedings filed against you, you can seek its quashing through a petition before the High Court under Section 482 of the Code of Criminal...
FD as a security for bail
Dear Client,
Generally, FD can considered as a legitimate form of security for bail in cheque bounce case. However, in most of the cases it involves specific procedural requisites, wherein, the bank c...
Cheque bounce due to stop payment.
Dear Sir,
You just file cheque bounce case against him and then let him contest the case and prove his defence which is very hard.
Cheque bounce
Dear Client,
According to Section 138 of Negotiable Instruments Act, cheque bounce is a punishable offence with an imprisonment of up to two years and fine up to twice the amount of cheque. So, the ag...
Cheque bounce case
Dear Client,
a cheque bounce case under sec 138 of the NI act must be filed within 1 month of the act and legal notice must be sent within 45 days of the offence, but if the arrest is made 5 years af...
Read Blogs on Cheque Bounce
Cheque Bounce Lawyers
Find Lawyers by Location
