Cheque bounce Jurisdiction
4 years ago
What will be the Jurisdiction area in case of cheque bounce, if I presented the cheque for clearance in a city (say Surat) which is not my home branch (assume my home branch is Delhi) ? Where I file a case in Surat or in Delhi, after demand notice period expiry? Bounce cheque Memo and demand notice is from Surat.
A.Dear Sir,
You have to share full details of your case and go through the following FAQs.
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Cheque bounce FAQs Negotiable Instruments Act
1A. Amended Cheque Bounce Provisions- 143A & 148…what is it?
Ans: Section 143A- It empowers the Court to order the drawer of the cheque to pay Interim Compensation - 20% - Without depositing this amount the accused cannot defend the case.
Section 148 – It empowers the Appellate Court to order payment pending the appeal against conviction
The Appellate Court may order the appellant to deposit an amount which shall be a minimum of 20% of the fine or compensation awarded by the trial Court.
This amount shall be in addition to the amount already paid by the appellant under Section 143A.
It received the assent of the President and was notified in the Official Gazette on 02.08.2018
1. In which court do I need to file the complaint case under Section 138 N.I. Act in case drawer did not pay after receiving notice?
A complaint case under Section 138 N.I. Act can be filed in any competent court in whose jurisdiction any of the following acts have occurred:
a) Place of drawing of the cheque,
b) Address of bank where cheque was presented (holders bank address),
c) Address of bank where cheque is payable (drawers bank address)
d) Place from where notice was received by drawer of cheque
a. It is possible that each of these four acts could have occurred at different localities. The complainant can choose any one the above places to determine jurisdiction of court where they wish to file complaint.
2. What can I do if it has been more than 30 days since I received information of dishonour of cheque?
If the cheque is still valid i.e. 3 months (currently) have not passed from the date of its issue, you can represent the cheque again to your banker as there is no restriction regarding the number of times a cheque can be presented and that every subsequent representation and dishonour gives rise to fresh cause of action for filing complaint. It may be noted that once a notice for payment is given then the holder must file a complaint under Section 138 N.I. Act within 30 days from expiry of notice period as a fresh cause of action will not arise if the cheque is presented again and it is dishonoured and failure to file complaint will lead to loss of remedy available under Section 138 N.I. Act.
You have to share full details of your case and go through the following FAQs.
=================================================================
Cheque bounce FAQs Negotiable Instruments Act
1A. Amended Cheque Bounce Provisions- 143A & 148…what is it?
Ans: Section 143A- It empowers the Court to order the drawer of the cheque to pay Interim Compensation - 20% - Without depositing this amount the accused cannot defend the case.
Section 148 – It empowers the Appellate Court to order payment pending the appeal against conviction
The Appellate Court may order the appellant to deposit an amount which shall be a minimum of 20% of the fine or compensation awarded by the trial Court.
This amount shall be in addition to the amount already paid by the appellant under Section 143A.
It received the assent of the President and was notified in the Official Gazette on 02.08.2018
1. In which court do I need to file the complaint case under Section 138 N.I. Act in case drawer did not pay after receiving notice?
A complaint case under Section 138 N.I. Act can be filed in any competent court in whose jurisdiction any of the following acts have occurred:
a) Place of drawing of the cheque,
b) Address of bank where cheque was presented (holders bank address),
c) Address of bank where cheque is payable (drawers bank address)
d) Place from where notice was received by drawer of cheque
a. It is possible that each of these four acts could have occurred at different localities. The complainant can choose any one the above places to determine jurisdiction of court where they wish to file complaint.
2. What can I do if it has been more than 30 days since I received information of dishonour of cheque?
If the cheque is still valid i.e. 3 months (currently) have not passed from the date of its issue, you can represent the cheque again to your banker as there is no restriction regarding the number of times a cheque can be presented and that every subsequent representation and dishonour gives rise to fresh cause of action for filing complaint. It may be noted that once a notice for payment is given then the holder must file a complaint under Section 138 N.I. Act within 30 days from expiry of notice period as a fresh cause of action will not arise if the cheque is presented again and it is dishonoured and failure to file complaint will lead to loss of remedy available under Section 138 N.I. Act.
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Shreyash Mohta
Responded 4 years ago
A.You can file both in Surat or in Delhi.
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Suneel Moudgil
Responded 4 years ago
A.you can file in your home branch (delhi)
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Rameshwar Dadhe
Responded 4 years ago
A.Currently where you living on that place you can file complaint as well as case against them
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Biswajit Das
Responded 4 years ago
A.You can file the case either of the two places. Generally you can file a complaint before a court within whose jurisdiction either of the one incident taken place.. 1) where the cheque was drawn, 2) where the cheque was presented, 3) where the cheque was returned by the bank, 4)where the demand notice served by you.
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